[2011] KEHC 2736 (KLR)
The court found that the sentence of 20 years imprisonment for grievous harm was justified given the seriousness of the injuries inflicted on the complainant, which included amputation of the thumb, permanent deformation of the knee resulting in lifelong disability, and prolonged hospitalization. The appellant's...
Source-derived case information.
- Citation
- [2011] KEHC 2736 (KLR)
- Parties
- Appellant: Celestion Murithi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 33 of 2007
- Procedural Posture
- Criminal Appeal / Judgment on Appeal Against Sentence
- Outcome
- appeal dismissed
- Judges
- CJ Kendagor
- Legal Topics
- Grievous Harm, Sentencing Principles, Aggravating Factors
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Celestion Murithi
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Legal Issues
- 1 Whether the sentence of 20 years imprisonment for grievous harm was excessive or warranted in the circumstances.
- 2 Whether the trial magistrate properly considered the nature and impact of the injuries on the complainant.
Ratio Decidendi
The court found that the sentence of 20 years imprisonment for grievous harm was justified given the seriousness of the injuries inflicted on the complainant, which included amputation of the thumb, permanent deformation of the knee resulting in lifelong disability, and prolonged hospitalization. The appellant's lack of remorse and his escape for two months after the offence were aggravating factors. The trial magistrate had properly considered the nature and impact of the injuries, and the sentence was not excessive or unlawful. Consequently, there was no merit in the appeal against sentence, and it was dismissed.
Court Disposition
appeal dismissed
Orders
- The appeal against sentence is dismissed.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MERU
HC.CRA NO. 33 OF 2007
(From: Original Criminal Case No. 2050 of 2007 TIGANIA; G. OYUGI SRM)
LESIIT J.
CELESTION MURITHI...........................................................................................APPELLANT
VERSUS
REPUBLIC...........................................................................................................RESPONDENT
J U D G E M E N T
The appellant was charged with one count of grievous harm contrary to Section 234 of the Penal Code. He was found guilty, convicted and sentenced to 20 years imprisonment. The appellant filed this appeal against sentence.
In his submissions before this court, the appellant pleaded with the court to reduce his sentence. Mr. Musau, learned Counsel for the State opposed the appeal. Counsel submitted that the sentence is lawful and appeal should be dismissed.
I have carefully considered this appeal. I have perused the proceedings of the lower court and find that the learned trial magistrate gave due consideration to the nature of the injuries suffered by the complainant and how they have impacted on him including how the complainant’s life has changed as a result of the injuries suffered.
I have considered the complainant’s evidence and found the circumstances of the case were very serious.The appellant suddenly attacked the complainant, cutting him severally in various parts of his body. The injuries he suffered led to amputation of the complainant’s thumb, deformation of the knee leading to the complainant being reduced to a cripple and to be hospitalized for six months. I find that the offence was aggravated by the appellant’s lack of remorse and escape for two months after committing this offence. After considering all the circumstances of the case, the injuries inflicted on the complainant and fact he has been rendered a cripple for life, the sentence imposed against the appellant was quite fair.
Having come to that conclusion, I find no merit in appellants appeal against sentence and I dismiss it accordingly.
Dated, Signed and Delivered at Meru this 26th day of May, 2011.
LESIIT, J.
JUDGE