[2006] KEHC 3009 (KLR)
The court found that, considering the appellant's young age, his status as an orphan, and the fact that he had already served a significant period in prison since May 2004, the original sentence of 7 years imprisonment was excessive. The court exercised its discretion to reduce the sentence to the period already...
Source-derived case information.
- Citation
- [2006] KEHC 3009 (KLR)
- Parties
- Appellant: Anderson Christopher Lemerimu; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- ? 145 of 2004
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal allowed; sentence reduced to period served
- Legal Topics
- Sentencing Principles, Shop Breaking, Plea of Guilty
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Anderson Christopher Lemerimu
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence of 7 years imprisonment for shop breaking and committing a felony was excessive in the circumstances.
- 2 Whether the appellant's personal circumstances warranted a reduction of sentence.
Ratio Decidendi
The court found that, considering the appellant's young age, his status as an orphan, and the fact that he had already served a significant period in prison since May 2004, the original sentence of 7 years imprisonment was excessive. The court exercised its discretion to reduce the sentence to the period already served, thereby allowing the appeal and ordering the appellant's release unless otherwise lawfully held.
Court Disposition
appeal allowed; sentence reduced to period served
Orders
- The sentence of 7 years imprisonment is reduced to the period already served.
- The appellant shall be set at liberty unless otherwise lawfully held.
Full Case Text
Judgment text and source record
12 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAKURU Criminal Appeal No. 145 of 2004 ANDERSON CHRISTOPHER
ANDERSON CHRISTOPHER LEMERIMU.........................................................…APPELLANT
VERSUS
REPUBLIC……………………….......................................................……………RESPONDENT
JUDGMENT
The appellant pleaded guilty to a charge of shop breaking and committing a felony contrary to section 306(a) of the Penal Code. The particulars of the offence were that on 1st May 2004 at Maralal Town in Samburu district within the Rift Valley Province he broke and entered into a shop of Peninah Wambui and stole therein nine leather belts valued at Kshs.1,800/-. He was convicted and sentenced to serve 7 years imprisonment. He was aggrieved by the said sentence and preferred an appeal against the same saying it was too harsh.
Mr. Koech, learned state counsel left the matter to the court’s discretion.
The appellant is a young person who is aged about 20 years and he asked the court to exercise leniency saying that he was an orphan.
Considering the nature of the offence, and the fact that the appellant has been in prison since 3rd May 2004 when he was sentenced, I will allow the appeal and reduce the sentence to the period already served. The appellant should therefore be set at liberty unless otherwise lawfully held.
DATED, SIGNED AND DELIVERED at Nakuru this 3rd day of March, 2006.
D. MUSINGA
JUDGE