[2014] KEHC 7093 (KLR)
The court found that imposing three life sentences for arson was illogical and excessive, especially since the value and extent of the damage to the houses were not established by the prosecution. The trial magistrate erred by not considering these factors during sentencing. The appropriate sentence, given the...
Source-derived case information.
- Citation
- [2014] KEHC 7093 (KLR)
- Parties
- Appellant: Charo Kahaso Gona; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 505 of 2010
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal_partially_allowed
- Judges
- GO Shikwe
- Legal Topics
- Arson, Sentencing Principles, Plea of Guilty
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Charo Kahaso Gona
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence of life imprisonment on each of the three counts of arson was appropriate in the circumstances.
- 2 Whether the extent and value of the damage should have been considered during sentencing.
Ratio Decidendi
The court found that imposing three life sentences for arson was illogical and excessive, especially since the value and extent of the damage to the houses were not established by the prosecution. The trial magistrate erred by not considering these factors during sentencing. The appropriate sentence, given the circumstances and the appellant's plea of guilty, was six years imprisonment on each count, to run concurrently. The appeal therefore succeeded only to the extent of reducing the sentence.
Court Disposition
appeal_partially_allowed
Orders
- The sentence of life imprisonment on each of the three counts is set aside.
- The appellant is sentenced to six years imprisonment on each of the three counts.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
CRIMINAL APPEAL NO. 505 OF 2010
CHARO KAHASO GONA …......…....................................….. APPELLANT
VERSUS
REPUBLIC ……….……....................................................…RESPONDENT
(From original Conviction and Sentence in Criminal Case No. 216 of 2010 of the Senior Resident Magistrate's Court at Kaloleni– Hon. Wewa - SRM)
JUDGMENT
CHARO KAHASO GONA hereinafter referred to as the Appellant herein was charged with Arson contrary to section 332 (a) of the Penal Code and Convicted and Sentenced to life imprisonment on each of the three Counts.
The facts which were given by the prosecution were that the Appellant went home while drunk and ordered his parents to remove household goods from the houses of the three Complainants Kahasa Gona Rimba, Dama Rimba and Bilton Gona Rimba. He then proceeded to set fire on them. His main motive was revenge upon his parents for not educating him to the same level as his siblings.
The facts were read to him and he agreed that they were correct and he was Convicted on his own plea and Sentenced to life Imprisonment one each of the three Counts.
It is noted that whereas a classification of houses for the purposes of this offence may not be necessary the value of the house the extent of destruction ought to be indicated so that it could have a bearing during Sentencing.
On Sentencing the learned trial magistrate Sentenced the appellant to three life terms. There is no logic to such Sentencing as no man has more than one life term (at least on this earth). Since the value, nature and extent of the damage to the three houses is not shown - the Sentence of life imprisonment on the three Counts is varied and or reduced to six years imprisonment on each of the three Counts.
This Sentence to run Concurrently.
To that extent only does this appeal succeed.
Judgment delivered dated and signed this 14th day of February, 2014.
….............
M. MUYA
JUDGE
14TH FEBRUARY, 2014
In the presence of:-
The State Counsel
The Appellant present
Court clerk Musundi