[2014] KEHC 5981 (KLR)
The court found that the sentence of 16 years imprisonment imposed on the appellant for attempted defilement was not harsh, given that the law provides for a maximum sentence of life imprisonment. The appellate court noted that it had the power to increase the sentence to the lawful maximum but declined to do so as...
Source-derived case information.
- Citation
- [2014] KEHC 5981 (KLR)
- Parties
- Appellant: Baptista Wanjohi alias Wachira; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 225 of 2005
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Sentencing Principles, Defilement Offences, Appeal Against Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Baptista Wanjohi alias Wachira
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence of 16 years imprisonment for attempted defilement was harsh or excessive.
- 2 Whether the appellate court should interfere with the sentence imposed by the trial court.
Ratio Decidendi
The court found that the sentence of 16 years imprisonment imposed on the appellant for attempted defilement was not harsh, given that the law provides for a maximum sentence of life imprisonment. The appellate court noted that it had the power to increase the sentence to the lawful maximum but declined to do so as the appellant had not been put on notice. Consequently, the appeal against sentence lacked merit and was dismissed.
Court Disposition
appeal dismissed
Orders
- The appeal against sentence is dismissed.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NYERI
CRIMINAL APPEAL NO. 225 OF 2005
BAPTISTA WANJOHIaliasWACHIRA...................APPELLANT
versus
REPUBLIC ….......................................................RESPONDENT
(arising from the judgment of Hon.R.A.A. Otieno Senior
Magistrate Nyeri in Criminal Case No. 4644 of 2004)
JUDGMENT
The Appellant BAPTISTA WANJOHIaliasWACHIRAwas charged with the offence of defilement contrary to section 145(1) of the Penal Code the particulars of which were that on 15th December 2004 in Nyeri District within Central Province had carnal knowledge of M.W.G. a girl under the age of sixteen years.
He faced an alternative charge of indecent assault on a female contrary to section 144(1) of the Penal Code the particulars of which were that on 15th December 2004 in Nyeri District of Central province, unlawfully and indecently assaulted M.W.G. a girl under the age of sixteen years by touching her private parts.
He pleaded not guilty, was tried and convicted on the offence of attempted defilement contrary to section 145(2) and sentenced to 16 years imprisonment.
Being dissatisfied with the said sentence the Appellant filed this present appeal and raised the following grounds in his home made grounds of appeal.
a. The sentence of 16 years was harsh.
b. He is a young boy ready in nation building.
e. He is the sole bread winner
When the appeal came up for hearing before me the Appellant who was unrepresented submitted that he was only appealing against the sentence while Mr. Njue for the state submitted that the Appellant was charged under the Penal Code and sentenced to 16 years.
It should be noted that the Appellant was convicted under section 145(2) wherein the sentence provided for is imprisonment with hard labour for life whereas the Appellant was sentenced to only 16 years and therefore the sentence therein can not be considered as harsh.
It should be pointed out that under section 345(3)(b) this court has powers in an appeal against sentence to increase or reduce the sentence or alter the nature of the sentence and had the Appellant been put on notice would have enhanced the same to the lawful sentence provided.
I therefore find no merit on the appeal herein on sentence and dismiss the same.
Dated, signed and delivered at Nyeri this 28th day of March 2014.
J. WAKIAGA
JUDGE
Appellant in person.
No appearance by the state.
Court: Judgment Read in open court.
J. WAKIAGA2
JUDGE