[2008] KEHC 670 (KLR)
The court found that the appellant, together with his brother, viciously attacked the complainant and would have killed him if not for intervention. The appellant's conduct during and after the attack, including his menacing behavior in court, demonstrated a lack of remorse and a continuing threat to the...
Source-derived case information.
- Citation
- [2008] KEHC 670 (KLR)
- Parties
- Appellant: Daniel Korir; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 83 of 2007
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed
- Judges
- DK Maraga
- Legal Topics
- Grievous Harm, Sentencing, Appeal Dismissal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Daniel Korir
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence of 7 years imprisonment for grievous harm was harsh and should be reduced.
Ratio Decidendi
The court found that the appellant, together with his brother, viciously attacked the complainant and would have killed him if not for intervention. The appellant's conduct during and after the attack, including his menacing behavior in court, demonstrated a lack of remorse and a continuing threat to the complainant. The trial magistrate's sentence of 7 years imprisonment was deemed lenient given the circumstances. There was no justification for reducing the sentence, and the appeal lacked merit.
Court Disposition
appeal dismissed
Orders
- The appeal against sentence is dismissed.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
INTHE HIGH COURT AT NAKURU
CRIMINAL APPEAL 83 OF 2007
DANIEL KORIR……………………………….…APPELLANT
VERSUS
REPUBLIC………………………………..…..RESPONDENT
JUDGMENT
DANIEL KORIR, the Appellant, was, in Eldama Ravine RMCRC No.432 of 2005 charged with grievous harm contrary to Section 234of the Penal Code. The particulars of the charge against him were that on 4th May 1997 at Poror Village in Koibatek District of Rift Valley Province jointly with another before court he unlawfully did grievous harm to Kipkemboi Kiyeng. He pleaded not guilty to the charge but after trial before the Resident Magistrate at Eldama Ravine he was convicted and sentenced to 7 years imprisonment. He had appealed against both the conviction and sentence.
At the hearing of the appeal the Appellant abandoned his appeal against conviction and pleaded for the reduction of the sentence imposed upon him describing it as harsh. He said for the four years he has been in prison he has suffered a lot. Mr. Mugambi for the state left the matter of sentence to me.
I have considered the matter and carefully read the lower court record. The Appellant and his brother viciously attacked the complainant alleging that he had caused them to sell their cow and bail out their brother. It is clear from the record that had it not been for PW2’s intervention the appellant would have killed the complainant. Even after being separated he still tried to finish the complainant but the panga he had broke into pieces. The record also shows that in court he menacingly pointed at the complainant and the trial magistrate remarked that given a chance he will kill the complainant. In the circumstances the Appellant is not a person to whom any leniency should be extended. Infact the sentence of 7 years imprisonment imposed upon him was in the circumstances in this case quite lenient. I find no merit in this appeal and I hereby dismiss it in its entirety.
DATED and delivered at Nakuru this 31st day of October, 2008.
D. K. MARAGA
JUDGE