[2016] KEHC 6701 (KLR)
The court found that while the sentence of seven years imprisonment was within the statutory maximum, it was harsh and excessive given the appellant's status as a first offender, the mitigation offered, and the period already served. The judge exercised discretion to substitute the sentence with the period already...
Source-derived case information.
- Citation
- [2016] KEHC 6701 (KLR)
- Parties
- Appellant: Charles Korir; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 2 of 2015
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- sentence varied; appellant to be released forthwith
- Judges
- HI Ong'udi
- Legal Topics
- Dangerous Driving, Sentencing Principles, Mitigation, First Offender, Traffic Offences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Charles Korir
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence of seven years imprisonment for causing death by dangerous driving was harsh and excessive.
- 2 Whether the court should interfere with the sentence imposed by the trial court.
Ratio Decidendi
The court found that while the sentence of seven years imprisonment was within the statutory maximum, it was harsh and excessive given the appellant's status as a first offender, the mitigation offered, and the period already served. The judge exercised discretion to substitute the sentence with the period already served, holding that justice would be better served by releasing the appellant forthwith.
Court Disposition
sentence varied; appellant to be released forthwith
Orders
- The sentence of seven years imprisonment is set aside.
- The appellant is sentenced to the period already served.
Full Case Text
Judgment text and source record
29 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT AT KERICHO
HCCRA NO.2 OF 2015
(Appeal originating from the Ruling of Hon. B. Limo in Kericho Traffic Case No.586 of 2014)
CHARLES KORIR ..........................................................APPELLANT
VRS
REPUBLIC.................................................................. RESPONDENT
JUDGMENT
1. CHARLES KORIRthe Appellant herein was charged and convicted of the offence of causing death by dangerous driving contrary to section 46 of the Traffic Act (Cap 403 of the Laws of Kenya).
2. Initially the Appellant had denied the charge and the matter proceeded to hearing and he was placed on his defence.
3. It is at that point that he changed plea. The facts were presented to him afresh and he admitted them and was convicted. Upto that point, I find nothing to make this court interfere with the conviction.
4. From the record, it is clear that the Appellant was given an opportunity to mitigate. He asked the court for leniency. The prosecution also indicated that the appellant was a first offender. He was sentenced to seven (7) years imprisonment.
5. In his submissions, the appellant asked the court to reduce the sentence for him.
6. The State through M/s Keli submitted that the maximum sentence for this offence was ten (10) years hence the sentence of seven (7) years was lawful.
She however, added that this court in its discretion could reduce the sentence.
7. The law under section 46 of the Traffic Act Cap 403 Laws of Kenya provides for a maximum sentence of ten (10) years as submitted by the State.
8. While sentencing in such a case among the things to be considered are:
i. The impact of the sentence.
The deceased's estate will still seek compensation from the accused person. Even if it is the insurance to pay, the accused would have to be upto date with his premium payments or he pays himself.
ii. Whether the accused is a 1st offender.
9. After due consideration of the above, I find that the sentence of seven (7) years imprisonment was harsh and excessive.
He was convicted on 13th January 2015 having been arraigned in court on 18th September 2014.
He has served over one year in prison.
10. I therefore set aside the sentence of seven (7) years imprisonment and substitute it with a sentence of the period already served.
The Appellant shall be released forthwith.
Signed, dated and delivered this 2nd day of March, 2016.
…..................................
H. I. ONG'UDI
JUDGE