[2002] KEHC 504 (KLR)
The court exercised its discretion to revise the sentence after considering that the appellant admitted to the conviction, had no previous convictions, and sought leniency. The sentence on the second count was reduced from two years to one year and nine months, while the sentences on the other counts were ordered to...
Source-derived case information.
- Citation
- [2002] KEHC 504 (KLR)
- Parties
- Appellant: Benard Obiero Onunga; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 1141 of 2001
- Procedural Posture
- Criminal Appeal / Order on Revision
- Outcome
- sentence revised in part
- Legal Topics
- Sentencing Revision, Concurrent Sentences, Sentence Reduction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Benard Obiero Onunga
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Order on Revision
Legal Issues
- 1 Whether the sentence imposed on the appellant should be revised.
- 2 Whether the sentences on the various counts should run concurrently.
Ratio Decidendi
The court exercised its discretion to revise the sentence after considering that the appellant admitted to the conviction, had no previous convictions, and sought leniency. The sentence on the second count was reduced from two years to one year and nine months, while the sentences on the other counts were ordered to run concurrently and to stand as previously imposed. The revision was granted in the interest of justice and proportionality in sentencing.
Court Disposition
sentence revised in part
Orders
- The sentence of two years imprisonment on the 2nd count is reduced to one year and nine months imprisonment.
- The sentences passed on the other counts to run concurrently to stand.
Full Case Text
Judgment text and source record
12 paragraphs
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL DIVISION
CRIMINAL APPEAL NO.1141 OF 2001
(From Original Conviction and Sentence in Criminal Case No.798 of
1999 of the Senior Principal Magistrate’s Court at Nairobi).
BENARD OBIERO ONUNGA…………………………….APPELLANT
VERSUS
REPUBLIC………………………………………………..RESPONDENT
ORDER ON REVISION
The appellant has prayed for the revision of the sentence. He admits that he was properly convicted on all counts as changed. He had no previous conviction.
I reduce the sentence of two years imprisonment on the 2nd count to one year and nine months imprisonment. The sentences passed on the other counts to run concurrently to stand.
V.V. PATEL JUDGE 4/4/2002