[2018] KEHC 799 (KLR)
The court affirmed the appellant's conviction for grievous harm and assault causing actual bodily harm but considered the period already served in custody (1 year 9 months out of a 5-year sentence) and the willingness of the complainants to reconcile. In promoting alternative dispute resolution as mandated by...
Source-derived case information.
- Citation
- [2018] KEHC 799 (KLR)
- Parties
- Appellant: Daniel Ekuru; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kabarnet
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 188 of 2017
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- sentence reduced to period served; appellant released unless otherwise lawfully held
- Judges
- EM Muriithi
- Legal Topics
- Grievous Harm, Assault Causing Actual Bodily Harm, Sentencing, Alternative Dispute Resolution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Daniel Ekuru
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the conviction for grievous harm and assault causing actual bodily harm was proper.
- 2 Whether the sentence imposed was appropriate in light of the period already served and the parties' willingness to reconcile.
Ratio Decidendi
The court affirmed the appellant's conviction for grievous harm and assault causing actual bodily harm but considered the period already served in custody (1 year 9 months out of a 5-year sentence) and the willingness of the complainants to reconcile. In promoting alternative dispute resolution as mandated by Article 159 of the Constitution, and exercising its discretion under section 354 of the Criminal Procedure Code, the court reduced the appellant's sentence to the period already served, ordering his immediate release unless otherwise lawfully held.
Court Disposition
sentence reduced to period served; appellant released unless otherwise lawfully held
Orders
- Conviction for grievous harm and assault causing actual bodily harm affirmed.
- Sentence reduced to period already served.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KABARNET
CRIMINAL APPEAL NO. 188 OF 2017
DANIEL EKURU.............................................................APPELLANT
VERSUS
REPUBLIC...................................................................RESPONDENT
[An appeal from the original conviction and sentenceincriminal
case no. 361 of 2016in the Principal Magistrate’s Court at Kabarnet
deliveredon the 27th day of February, 2017by Hon. S.O. Temu (PM]
JUDGMENT
The Court has noted that the accused has been in custody for 1 year 9 months of the 5 year sentence. The Court has also heard the two complainants on the counts the subject of the appeal and their desire to reconcile with the appellant. The Court promotes Alternative Dispute Resolution mechanism of Article 159 of the Constitution and in this case, pursuant to section 354 of Criminal Procedure Code, while affirming the conviction for the offences of grievous harm contrary to section 234 of Penal Code and assault causing actual bodily harm contrary to section 251 of Penal Code, reduce the sentences to period already served so that appellant is released from custody forthwith unless he is otherwise lawfully held.
Order accordingly.
DATED AND DELIVERED THIS 4TH DAY OF DECEMBER, 2018
EDWARD M. MURIITHI
JUDGE
Appearances:
Appellant in person.
Ms. Macharia, Assistant DPP for the Respondent.