[2002] KEHC 1255 (KLR)
The court found that, although the appellants were properly convicted of robbery under section 296(1) of the Penal Code, the absence of injury to the complainant and the fact that both appellants had already spent about six months in remand custody warranted a reduction in sentence. The court held that the original...
Source-derived case information.
- Citation
- [2002] KEHC 1255 (KLR)
- Parties
- Appellant: Alexander Kaloki Nzau; Appellant: Bernard Kemboi Rotich; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 1405 of ??
- Procedural Posture
- Criminal Appeal / Judgment on Sentence
- Outcome
- Sentence reduced; appeals against sentence allowed to the extent indicated.
- Legal Topics
- Robbery, Sentencing, Personation, Remission of Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Alexander Kaloki Nzau
Appellant
Bernard Kemboi Rotich
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment on Sentence
Legal Issues
- 1 Whether the sentences imposed for robbery and personation were excessive in the circumstances.
- 2 Whether the period spent in remand should be considered in sentencing.
- 3 Whether the absence of injury to the complainant should affect the severity of the sentence.
Ratio Decidendi
The court found that, although the appellants were properly convicted of robbery under section 296(1) of the Penal Code, the absence of injury to the complainant and the fact that both appellants had already spent about six months in remand custody warranted a reduction in sentence. The court held that the original sentence of seven years imprisonment plus six strokes was excessive in the circumstances. The sentence was therefore reduced to three and a half years imprisonment plus two strokes for each appellant on the robbery count. The one-year sentence for personation against the first appellant was ordered to run concurrently, in line with established sentencing principles.
Court Disposition
Sentence reduced; appeals against sentence allowed to the extent indicated.
Orders
- The sentence against each appellant on the first count of robbery is reduced to three and a half years imprisonment plus two strokes each.
- The sentence of one year imprisonment against the first appellant on the second count of personation to run concurrently stands.
Full Case Text
Judgment text and source record
7 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI CRIMINAL DIVISION CRIMINAL APPEAL NO.1405 OF 2000
(From Original Conviction and Sentence in Criminal Case No.1312 of 2000 of the Chief Magistrate’s Court at Nairobi).
ALEXANDER KALOKI NZAU…….…………………..APPELLANT VERSUS REPUBLIC……………………………………………RESPONDENT BERNARD KEMBOI ROTICH…….…………………..APPELLANT VERSUS REPUBLIC……………………….……………………RESPONDENT J U D G M E N T
Criminal Appeal Nos.1405 and 1407 of 2000 are consolidated. The appeals are only against the sentences passed. Both appellants were convicted of Robbery, contrary to section 296(1), P.C. and sentenced to 7 years imprisonment plus 6 strokes each. The 1st appellant was also convicted on the 2nd count of personation and was sentenced and was sentenced to one year’s imprisonment for it to run concurrently.
I have considered the nature of the evidence on the charge of robbery, contrary to section 296(1), P.C., on the 1st count. The complainant was robbed of Sh.14,000/=. There was no evidence of any injury caused on the complainant. There is no remission for robbery sentences. Both were in remand for about 6 months. Order: The sentence against each of the two appellants on the 1st count is reduced to 3½ years imprisonment plus 2 strokes each. The sentence of one year’s imprisonment against the 1st appellant, Alexander on the 2nd count to run concurrently stands.
Dated and delivered at Nairobi this 3rd day of April, 2002. V.V. PATEL JUDGE