[2014] KEHC 2709 (KLR)
The court held that the sentence of 5 years imprisonment for the offence of grievous harm was lawful and not manifestly excessive, considering the seriousness of the injuries and the statutory maximum of life imprisonment. The trial magistrate's decision to impose a deterrent sentence was justified by the gravity of...
Source-derived case information.
- Citation
- [2014] KEHC 2709 (KLR)
- Parties
- Appellant: Christian Odongo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Busia
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 91 of 2013
- Procedural Posture
- Criminal Appeal / Judgment on Appeal Against Sentence
- Outcome
- appeal dismissed
- Legal Topics
- Sentencing Principles, Grievous Harm, Compensation Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Christian Odongo
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Legal Issues
- 1 Whether the sentence of 5 years imprisonment for grievous harm was manifestly excessive.
- 2 Whether the trial court erred in not making an order for compensation to the victim.
Ratio Decidendi
The court held that the sentence of 5 years imprisonment for the offence of grievous harm was lawful and not manifestly excessive, considering the seriousness of the injuries and the statutory maximum of life imprisonment. The trial magistrate's decision to impose a deterrent sentence was justified by the gravity of the offence. Regarding compensation, the court found that the absence of a detailed medico-legal report on the extent and effects of the injuries made it impossible to fairly assess compensation in the criminal proceedings. Therefore, the issue of compensation should be addressed in a civil court, not in the criminal case. The appeal against sentence was dismissed in its...
Court Disposition
appeal dismissed
Orders
- The appeal is dismissed in its entirety.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT BUSIA
CRIMINAL APPEAL NO.91 OF 2013
CHRISTIAN ODONGO…. …………………………...………..APPELLANT
VERSUS
REPUBLIC …………………………………………………..RESPONDENT
(An Appeal arising out of the sentence in Busia CMC No.1831 of 2012 delivered by I.T. Maisiba on 19th November 2013)
J U D G M E N T
1. In arguing this Appeal against sentence only, the Appellants Counsel adopted the arguments he made in Busia High Court Criminal Appeal No.90 of 2013 Patrick Juma Araba –vs- Republic. This Court has today rendered its decision in that Appeal and makes its decision available to the Appellant herein. My views therein on the question of compensation has a bearing to my decision here.
2. The sentence of 5 years imposed on the Appellant for an offence of Grievous Harm contrary to Section 234 of The Penal Code is lawful. The maximum possible sentence is a life imprisonment. The victim sustained, amongst other injuries, 2 compound fractures. The injuries are no doubt serious. In passing sentence, the Learned Magistrate observed that the offence was serious and called for a deterrent sentence. While I may have been more lenient than the sentencing Court, I cannot say that the sentence of 5 years was manifestly excessive.
3. Was this a suitable case for an order for compensation to be made? The injuries sustained by the victim were extensive and serious. The medical evidence in respect to the injuries was in the case summary (Exhibit 1) and P3 Form (Exhibit 2). There was no medico-legal report on the exact extent of the injuries or its immediate, medium or long term effects. It would have been impossible for the Trial Court to make a fair award without carrying out a separate inquiry on quantum. This would not be a suitable case to order for compensation. Both the Appellant and the victim will be better served if they ventilated the question of compensation in a civil Court.
4. For reasons given, I dismiss the entire Appeal.
F. TUIYOTT
J U D G E
DATED, DELIVERED AND SIGNED AT BUSIA THIS 17TH DAY OF JULY 2014.
IN THE PRESENCE OF:
KADENYI………………………………………………………COURT CLERK
KELWON FOR STATE
WANYAMA H/B FOR ASHIOYA FOR APPELLANT