[2012] KEHC 4905 (KLR)
The court found that the sentence of one year imposed for the offence of creating disturbance was illegal as it exceeded the statutory maximum of six months under section 95(1)(b) of the Penal Code. Additionally, the sentence of four years for child abandonment was deemed excessive in light of the circumstances. The...
Source-derived case information.
- Citation
- [2012] KEHC 4905 (KLR)
- Parties
- Appellant: Catherine Wamboi Karari; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 318 of 2010
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal_allowed_in_part
- Judges
- SP Ouko
- Legal Topics
- Sentencing Illegality, Plea of Guilty, Child Abandonment, Creating Disturbance
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Catherine Wamboi Karari
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence imposed on the appellant for creating disturbance exceeded the statutory maximum period.
- 2 Whether the sentence for child abandonment was excessive in the circumstances.
Ratio Decidendi
The court found that the sentence of one year imposed for the offence of creating disturbance was illegal as it exceeded the statutory maximum of six months under section 95(1)(b) of the Penal Code. Additionally, the sentence of four years for child abandonment was deemed excessive in light of the circumstances. The court set aside the sentence for the first count and reduced the sentence for the second count to the period already served, allowing the appeal to that extent.
Court Disposition
appeal_allowed_in_part
Orders
- The sentence of one year for creating disturbance is set aside.
- The sentence of four years for child abandonment is reduced to the period already served.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
CRIMINAL APPEAL NO.318 OF 2010
CATHERINE WAMBOI KARARI……………………………………APPELLANT
VERSUS
REPUBLIC…………………………………………………………RESPONDENT
[An Appeal from original conviction and sentence in Nyahururu P.M.A.CR.C.NO.2597/2010 by Hon A. B. Mong’are, Senior Resident Magistrate, dated 19th October, 2010]
JUDGMENT
Appeal considered. The State has conceded the appeal on sound grounds. The appellant was charged with creating disturbance contrary to section 95(1)(b) of the Penal Code and abandoning a child contrary to section 127(1)(a) of the Children’s Act.
The appellant pleaded guilty. That plea is not a bar to appeal on any other ground other than the legality or severity of sentence. The sentence on the 1st count – 1 year was illegal as the sentence provided for is 6 months. The sentence on the 2nd count – 4 years was excessive in view of the circumstances.
In respect of the sentence in count 1, the same is set aside. The sentence in the 2nd count is reduced to the period already served.
Appeal allowed to the extend stated
Dated, Signed and Delivered at Nakuru this 24th day of January, 2012.
W. OUKO
JUDGE