[2013] KEHC 1489 (KLR)
The court found that since the appellant was a first offender and the value of the damaged property was not indicated, the sentence of four years imprisonment was excessive. The court exercised its discretion to reduce the sentence to two years imprisonment from the date of conviction, considering the mitigating...
Source-derived case information.
- Citation
- [2013] KEHC 1489 (KLR)
- Parties
- Appellant: Danson Irungu Maina; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kerugoya
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 86 of 2012
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- sentence reduced
- Judges
- BN Olao
- Legal Topics
- Malicious Damage to Property, Sentencing, Appeals, Mitigation of Sentence
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Danson Irungu Maina
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence imposed for malicious damage to property was excessive in the circumstances.
- 2 Whether the appellant's status as a first offender and the absence of valuation of the damaged property warranted a reduction of sentence.
Ratio Decidendi
The court found that since the appellant was a first offender and the value of the damaged property was not indicated, the sentence of four years imprisonment was excessive. The court exercised its discretion to reduce the sentence to two years imprisonment from the date of conviction, considering the mitigating factors and the absence of aggravating circumstances.
Court Disposition
sentence reduced
Orders
- The appellant's sentence is reduced to two years imprisonment from the date of conviction.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLICOF KENYA
IN THE HIGH COURT OF KENYA AT KERUGOYA
CRIMINAL APPEAL NO. 86 OF 2012
DANSON IRUNGU MAINA........................................................... APPELLANT
VERSUS
REPUBLIC ..................................................................................RESPONDENT
(APPEAL ARISING FROM THE JUDGMENT OF THE PRINCIPAL MAGISTRATE’S COURT AT BARICHO (S. JALANGO – R.M) IN CRIMINAL CASE NO. 644 OF 2011 DELIVERED ON 9TH NOVEMBER 2012)
JUDGMENT
The appellant was convicted on 9th November 2012 for the offence of malicious damage to property. It was alleged that on the night of 17th and 18th June 2012 at Kibiru area in Kirinyaga West District, he willfully and unlawfully damages road guard rails.The value of the road guard rails was not indicated but he was sentenced to four (4) years imprisonment.
He has filed an appeal against conviction and sentence but during the appeal, he conceded the conviction and urged me to reduce the sentence. The State was willing to accept a reduction.
The record shows that appellant was a first offender. The value of the damaged property was not indicated only that it was road guard rails.
The sentence is accordingly reduced to two (2) years imprisonment from the date of his conviction.
B.N. OLAO
JUDGE
18TH OCTOBER, 2013
Judgment delivered this 18th day of October, 2013.
Mr. Omayo for State present
Mr. Muriithi Court clerk present
Appellant present.
B.N. OLAO
JUDGE
18TH OCTOBER, 2013