[2002] KEHC 363 (KLR)
The court found that both appellants were first offenders and had spent approximately nine months in remand before sentencing. Taking these mitigating factors into account, and noting the absence of remission for robbery sentences, the court determined that the original sentences should be reduced. The court...
Source-derived case information.
- Citation
- [2002] KEHC 363 (KLR)
- Parties
- Appellant: David Mutua Bondo; Appellant: Kariuki Waithaka; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 818 of 2001
- Procedural Posture
- Criminal Appeal / Judgment on Sentence
- Outcome
- sentence reduced
- Legal Topics
- Sentencing, Robbery With Violence, Remand Period, First Offender, Consolidated Appeals
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
David Mutua Bondo
Appellant
Kariuki Waithaka
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment on Sentence
Legal Issues
- 1 Whether the sentences imposed on the appellants for robbery were excessive in light of their remand period and first offender status.
- 2 Whether the period spent in remand should be considered in sentencing.
Ratio Decidendi
The court found that both appellants were first offenders and had spent approximately nine months in remand before sentencing. Taking these mitigating factors into account, and noting the absence of remission for robbery sentences, the court determined that the original sentences should be reduced. The court exercised its discretion to impose a sentence of two years and three months imprisonment plus two strokes of the cane for each appellant, considering the time already spent in custody and their status as first offenders.
Court Disposition
sentence reduced
Orders
- The sentence against each appellant is reduced to 2 years and 3 months imprisonment plus 2 strokes each.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL DIVISION
CRIMINAL APPEAL NO.818 OF 2001
(From Original Conviction and Sentence in Criminal Case No.2466 of 2000
of the Chief Magistrate’s Court at Nairobi)
DAVID MUTUA BONDO……………………………………APPELLANT VERSUS REPUBLIC………………………………………………….RESPONDENT
CONSOLIDATED WITH
CRIMINAL APPEAL NO. 825 OF 2001
KARIUKI WAITHAKA…………………………………….. APPELLANT VERSUS REPUBLIC…………………………………………………RESPONDENT J U D G M E N T
Criminal appeal Nos. 818 and 825 of 2001 are consolidated.
The appeals are only against the sentences. Both appellants, jointly with others robbed the complainant of cash Shs.1,500/= plus his Identical Card on 21/10/2000.
In considering the sentences I note that the appellants were in remand for about 9 months before the trial ended on 19/7/2001 and the sentences were passed.
Both were first offenders.
There is no remission for robbery sentence.
I reduce the sentence against each of the two appellants to 2 years and 3 months imprisonment plus 2 strokes each.
V.V. PATEL JUDGE 8/3/2002