[2017] KEHC 1376 (KLR)
The court found that while a custodial sentence was warranted due to the appellant's conduct and the nature of the offence, the fact that the appellant was a first offender, had spent time in prison, and had shown remorse justified a reduction of the sentence from seven years to five years' imprisonment. The court...
Source-derived case information.
- Citation
- [2017] KEHC 1376 (KLR)
- Parties
- Appellant: Charles Ahira Ondiege; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 6 of 2016
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- sentence reduced
- Judges
- DAS Majanja
- Legal Topics
- Arson, Sentencing Principles, Appeal on Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Charles Ahira Ondiege
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence of 7 years' imprisonment for arson was unduly harsh or excessive.
- 2 Whether the trial court considered the correct factors in sentencing the appellant.
Ratio Decidendi
The court found that while a custodial sentence was warranted due to the appellant's conduct and the nature of the offence, the fact that the appellant was a first offender, had spent time in prison, and had shown remorse justified a reduction of the sentence from seven years to five years' imprisonment. The court exercised its discretion to interfere with the sentence on the basis that the time already served and the appellant's remorse were mitigating factors that the trial court should have given greater weight.
Court Disposition
sentence reduced
Orders
- The sentence of seven (7) years' imprisonment is set aside and substituted with a sentence of five (5) years' imprisonment.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT AT SIAYA
CRIMINAL APPEAL NO. 6 OF 2016
BETWEEN
CHARLES AHIRO ONDIEGE …....…... APPELLANT
AND
REPUBLIC ……………..……..….… RESPONDENT
(Being an appeal against the original conviction and sentence dated of Hon. H. Wandere, PM dated 6th January 2016 in Siaya Principal Magistrates Court Criminal Case No. 33 of 2015)
JUDGMENT
1. The accused CHARLES AHIRO ONDIEGEwas charged with arson contrary to contrary to section 332(a)of thePenal Code (Chapter 63 of the Laws of Kenya). He was convicted and sentenced to 7 years’ imprisonment. He appealed against conviction and sentence. At the hearing of the appeal, he stated that he was only contesting the sentence as it was unduly harsh.
2. Learned State Counsel, opposed the appeal and noted that since the maximum sentence for arson was life imprisonment, the sentence was neither harsh nor excessive. The reason for which this court may interfere is clear and it is that the trial court may have considered or taken into account the wrong factors or have to failed to take into account the correct factors or erred in principle to the extent that the sentence was manifestly harsh.
3. Having considered that the accused was a first offender with the facts disclosed in the sentencing notes which took into account the fact that the appellant was a drunkard, used to take alcohol and bhang and was a nuisance to his family, a custodial sentence was warranted.
4. However, noting the time he has spent in prison and having shown remorse, I reduce the sentence to five (5) years imprisonment.
DATED AND SIGNED AT SIAYA THIS 22ND DAY OF DECEMBER 2017.
D.S. MAJANJA
JUDGE
Appellant in person
Ms Odumba, Prosecution Counsel, instructed by Office of Director of Public Prosecutions for the State
Court Assistants: L. Odhiambo, L. Atika