[2009] KEHC 491 (KLR)
While the offences committed by the appellant are serious and attract a maximum sentence of 15 years, the court found that the appellant's age, family circumstances, rehabilitation efforts, and the fact that he had already served approximately six years in custody constituted sufficient mitigation. The court...
Source-derived case information.
- Citation
- [2009] KEHC 491 (KLR)
- Parties
- Appellant: Charles Kimani Mbugua; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 117 of 2007
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- sentence reduced to secure immediate release; appeal on sentence allowed
- Legal Topics
- Sentencing Principles, Firearms Offences, Appeal on Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Charles Kimani Mbugua
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence imposed on the appellant for possession of a firearm and ammunition without a certificate was excessive.
- 2 Whether mitigating circumstances warranted reduction of the sentence.
Ratio Decidendi
While the offences committed by the appellant are serious and attract a maximum sentence of 15 years, the court found that the appellant's age, family circumstances, rehabilitation efforts, and the fact that he had already served approximately six years in custody constituted sufficient mitigation. The court exercised its discretion to reduce the sentence to a term that would secure the appellant's immediate release, holding that the punishment already served was adequate in the circumstances.
Court Disposition
sentence reduced to secure immediate release; appeal on sentence allowed
Orders
- The appellant's sentence is reduced to a term that will secure his immediate release.
- The appellant shall be released forthwith unless otherwise lawfully held.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAKURU
Criminal Appeal 117 of 2007
(From original conviction and sentence in Criminal Case No.37 of 2004 of the Chief Magistrate’s court at Naivasha – J. THUITA, PM)
CHARLES KIMANI MBUGUA…………………APPELLANT
VERSUS
REPUBLIC…………………………………..….RESPONDENT
JUDGMENT
CHARLES KIMANI MBUGUA, the appellant, was with another charged with one count of capital robbery. He was alone also charged with two counts of capital robbery and being in possession of a firearm and ammunition without a Firearm Certificate contrary to Section 4(1) of the Firearms Act. He pleaded not guilty to all the charges but upon trial before the Principal Magistrate at Naivasha he was acquitted of the capital robbery charges but convicted of the charges of being in possession of a firearm and ammunition and sentenced to ten and five years imprisonment respectively. The sentences were ordered to run concurrently. He has appealed against both convictions and sentences.
At the hearing of his appeal, the appellant abandoned the appeal against conviction and pleaded for the reduction of sentence. He submitted that at the material time he was young an immature and was led into the crime by his peers. He has since learnt his lesson and vows not to be involved in any criminal activity. He said in prison he has done Theology and upon his release he wants to go and preach the gospel of salvation. He is a young man of 40 years who has been left with three children his wife having run away after his arrest.
Mr. Njogu for the state submitted that considering the seriousness of the offences, the manner in which the appellant committed them and the fact that the maximum sentences of the offences he was convicted of is 15 years imprisonment, he urged me to dismiss the appeal in its entirety.
I have considered these submissions. It is true as Mr. Njogu submitted that the offences the appellant committed are indeed very serious and they carry a maximum sentence of 15 years imprisonment. However, considering the fact that the appellant is a young man aged only 40 years with three young children and that he has been incarcerated since 24th December 2003, a period of about 6 years now, I find that he has had enough punishment. Consequently I reduce his imprisonment to a term that will secure his immediate release. The appellant shall therefore be released forthwith unless otherwise lawfully held.
DATED and delivered this 3rd day of November, 2009.
D. K. MARAGA
JUDGE.