[2013] KEHC 1865 (KLR)
The court found that the conviction was based on the evidence of two police officers who found the appellants with an axe and a knife in circumstances that established the offence of preparing to commit a felony. However, the court agreed with the State Counsel that the sentence of seven years imprisonment and a...
Source-derived case information.
- Citation
- [2013] KEHC 1865 (KLR)
- Parties
- Appellant: David Muchangi Mwaniki; Appellant: Michael Njeru; Appellant: Michael Mbogo Karume; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 137 of 2011
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- Appeal allowed in part; sentence varied.
- Legal Topics
- Preparing to Commit Felony, Sentencing, Appeal Against Conviction, Appeal Against Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
David Muchangi Mwaniki
Appellant
Michael Njeru
Appellant
Michael Mbogo Karume
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the conviction for preparing to commit a felony was supported by the evidence presented.
- 2 Whether the sentence of seven years imprisonment and a fine of KES 30,000 was harsh and excessive.
Ratio Decidendi
The court found that the conviction was based on the evidence of two police officers who found the appellants with an axe and a knife in circumstances that established the offence of preparing to commit a felony. However, the court agreed with the State Counsel that the sentence of seven years imprisonment and a fine of KES 30,000 was harsh and excessive. Consequently, the court allowed the appeal only to the extent of setting aside the sentence and substituting it with a sentence for the time already served in prison, subject to the appellants being bonded to keep the peace for one year from the date of the judgment.
Court Disposition
Appeal allowed in part; sentence varied.
Orders
- The sentence of seven years imprisonment is set aside and substituted with a sentence for the time served in prison.
- The appellants are to be bonded to keep the peace for one year from the date of the judgment.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT EMBU
CRIMINAL APPEAL NUMBER 137 OF 2011
DAVID MUCHANGI MWANIKI
MICHAEL NJERU
MICHAEL MBOGO KARUME.......................…......................…………..APPELLANT
VERSUS
REPUBLIC………………………………............……………………..RESPONDENT
(Being an appeal from the original conviction and sentence in Embu 2013 of 2010 R.M. Oanda R.M on 10th August, 2011)
JUDGMENT
The appellants were charged with the offence of preparing to commit a felony contrary to Section 308(1) of the Penal Code. They were convicted and sentenced to serve for a period of seven years with a fine 30,000/=. They appeal against conviction and sentence.
In have evaluated the evidence and I find that the convictions were based on evidence of PW 1 and PW 2 both police officers who found the appellants with an axe and a knife in circumstances which the learned Magistrate concluded that the offence was established. Learned State Counsel concedes that the sentence was harsh and excessive. The order that commends itself to the court is as follows:
The appeal is allowed only to the extent that the sentence of seven years imposed is set aside and substituted with sentence for the time served in prison subject to the appellants being bonded to keep the peace for one year from the date hereof.
D.A.S MAJANJA
JUDGE
16. 10. 13
Court:
Judgment read and delivered in open court this 16th day of October, 2013
D.A.S MAJANJA
JUDGE
16. 10. 2013
In the presence of
M/S Aluda for state
Appellant
Njue – Court clerk.