[2011] KEHC 1671 (KLR)
The court held that the sentence of five years imprisonment imposed on the appellants, who pleaded guilty to the offence of breaking into a building and committing a felony, was neither excessive nor illegal since the statutory maximum is seven years. The appellate court found no basis to interfere with the sentence...
Source-derived case information.
- Citation
- [2011] KEHC 1671 (KLR)
- Parties
- Appellant: Daniel Lorkupa; Appellant: Sayaki Lentapach; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 332 of 2010
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed
- Judges
- SP Ouko
- Legal Topics
- Sentencing Guidelines, Plea of Guilty, Appeal on Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Daniel Lorkupa
Appellant
Sayaki Lentapach
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence of five years imprisonment imposed on the appellants upon their plea of guilty was excessive or illegal.
Ratio Decidendi
The court held that the sentence of five years imprisonment imposed on the appellants, who pleaded guilty to the offence of breaking into a building and committing a felony, was neither excessive nor illegal since the statutory maximum is seven years. The appellate court found no basis to interfere with the sentence as it was within the legal limits and there was no demonstration of illegality or manifest excessiveness. Accordingly, the appeal against sentence was dismissed.
Court Disposition
appeal dismissed
Orders
- The appeal is dismissed.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
CRIMINAL APPEAL NO.332 OF 2010
(CONSOLIDATED WITH CRIMINAL APPEAL NO.333 OF 2010)
DANIEL LORKUPA………..…………..………….1st APPELLANT
SAYAKI LENTAPACH….………….....………….2ND APPELLANT
VERSUS
REPUBLIC………………………….………………..RESPONDENT
(An Appeal from original conviction and sentence in Maralal SNR.R.M.CR.C.NO.630 OF 2010 by Hon A. K. ITHUKU Senior Resident Magistrate, dated 13th October, 2010)
JUDGMENT
The appellants in this consolidated appeal were convicted on their own plea of guilty to the offence of breaking into a building and committing a felony contrary to section 306 (a) of the Penal Code.They were sentenced to an imprisonment term of five (5) years. They were aggrieved by the sentence and have brought this appeal arguing that the sentence was excessive.
This court, by dint of section 348 of the Criminal Procedure Code can only interfere with a sentence arising from a plea of guilty if the same is illegal or excessive. The sentence provided for the commission of the offence with which the appellants were charged is seven years imprisonment. The sentence of five (5) years imposed by the trial court is neither excessive nor illegal. The appeal fails and is dismissed.
Dated, Delivered and Signed at Nakuru this 17th day of May, 2011.
W. OUKO
JUDGE