[1998] KEHC 143 (KLR)
The court held that the sentences of 4 years for each count, to run concurrently, were not excessive given the nature of the offences under the Firearms Act. The appellant's health grounds, though supported by medical records, did not meet the threshold for release as there was no doctor's recommendation stating...
Source-derived case information.
- Citation
- [1998] KEHC 143 (KLR)
- Parties
- Appellant: Charles Gathenya Muiruri; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 835 of 1996
- Procedural Posture
- Criminal Appeal / Judgment on Appeal Against Sentence
- Outcome
- appeal dismissed
- Judges
- JL Osiemo
- Legal Topics
- Sentencing Principles, Firearms Offences, Appeal on Sentence, Health Grounds in Sentencing
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Charles Gathenya Muiruri
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Legal Issues
- 1 Whether the appellant's sentence should be reduced or set aside on health grounds.
- 2 Whether the sentence of 4 years imprisonment for each count, to run concurrently, was excessive.
Ratio Decidendi
The court held that the sentences of 4 years for each count, to run concurrently, were not excessive given the nature of the offences under the Firearms Act. The appellant's health grounds, though supported by medical records, did not meet the threshold for release as there was no doctor's recommendation stating that he could not endure prison conditions. Consequently, the appeal against sentence was dismissed.
Court Disposition
appeal dismissed
Orders
- The appeal against sentence is dismissed.
Full Case Text
Judgment text and source record
11 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI APPELLATE SIDE CRIMINAL APPEAL NO. 835 OF 1996
(From Original Conviction/Sentence and in Criminal Case No. 56 of 1994 of the Senior Principal Magistrate’s Court at Kiambu: F.N. Muchemi (Mrs))
CHARLES GATHENYA MUIRURI.............................APPELLANT Versus REPUBLIC.................................................................RESPONDENT
Coram: Osiemo J. Appellant -unrepresented -present Respondent -Mr. Gikonyo for the State Mr. Onduma -Court Clerk
JUDGEMENT
The appellant was convicted with 2 offences under Sections 4 (2) of the Firearm Act Cap. 114 Laws of Kenya. He was sentenced to 4 years imprisonment for each count. Sentence to run concurrently. He appealed to this court against both conviction and sentence. But he abandoned the appeal against conviction and proceeded against sentence only. The appeal is purely on health grounds.
The appellants health has deteriorated due to epilepsy and hypertension. He produced medical records to support his claim. The learned state counsel does not oppose the appeal in view to the health conditions of the appellant and in view of the period has served. In order for an appellant to be released from prison on health grounds. The appeals ought to be accompanied with a recommendation from a doctor to the effect that his health has deteriorated to such a level that he cannot endure the prison conditions.
The sentences of 4 years for each count to run concurrently cannot be send to be excessive. The appeal against sentence is therefore dismissed.
Delivered and dated at Nairobi this 9th day of July, 1998
J.L.A. OSIEMO
JUDGE