[2024] KEHC 7269 (KLR)
The court found that the offence committed by the applicant—assaulting his brother with a panga resulting in actual bodily harm—was serious and not amenable to reconciliation under Section 176 of the Criminal Procedure Code. The court emphasized the senselessness of the act, the lack of forgiveness from the victim,...
Source-derived case information.
- Citation
- [2024] KEHC 7269 (KLR)
- Parties
- Applicant: Benard Waithaka Chege; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Murang'a
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E168 of 2024
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- application rejected
- Judges
- AM Muteti
- Legal Topics
- Assault Causing Actual Bodily Harm, Sentencing Review, Family Violence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Benard Waithaka Chege
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the sentence imposed on the applicant for assault causing actual bodily harm should be reviewed.
- 2 Whether Section 176 of the Criminal Procedure Code applies to the offence committed by the applicant.
Ratio Decidendi
The court found that the offence committed by the applicant—assaulting his brother with a panga resulting in actual bodily harm—was serious and not amenable to reconciliation under Section 176 of the Criminal Procedure Code. The court emphasized the senselessness of the act, the lack of forgiveness from the victim, and the potential for such acts to escalate to more serious family violence. Consequently, the court declined to exercise its discretion to review or reduce the sentence, ordering that the applicant serve the full term imposed by the trial court.
Court Disposition
application rejected
Orders
- The application for revision of sentence is rejected.
- The applicant shall serve the full term of the sentence imposed.
Full Case Text
Judgment text and source record
20 paragraphs
Chege v Republic (Criminal Revision E168 of 2024) [2024] KEHC 7269 (KLR) (6 June 2024) (Ruling)
Neutral citation: [2024] KEHC 7269 (KLR)
Republic of Kenya
In the High Court at Murang'a
Criminal Revision E168 of 2024
AM Muteti, J
June 6, 2024
Between
Benard Waithaka Chege
Applicant
and
Republic
Respondent
Ruling
1. The applicant was charged with the offence of Assault Causing Actual bodily harm. The victim of the attack was his brother.
2. I have noted that he used a panga to assault him. The offence is serious this is not one of those contemplated under Section 176 of the Criminal Procedure Code.
3. The medical report shows that he actually cut his brother on the scalp. The action was senseless and uncalled for whatever reason.
4. Its such acts by family members that result into family murders. He deserves no mercy from this court. I decline to review the sentence and order that he serves the full term.
5. His brother has not even forgiven him as per the report. It would be remiss of this court to ignore that fact. Let his brother’s passion cool as he completes his sentence.The application is rejected.
DATED, SIGNED AND DELIVERED VIRTUALLY AT NAIROBI THIS 6TH DAY OF JUNE 2024A. M. MUTETIJUDGEIn the presence of:Yussuf: Court AssistantApplicant – Absent at 9. 00 a.mMr. Mwangi for the Respondent