[2018] KEHC 2344 (KLR)
The court, after considering the appellant's mitigation and the positive pre-sentence report, determined that a custodial sentence was still warranted. The judge exercised discretion to impose a sentence of 10 years imprisonment, commencing from the date of first sentencing, balancing the interests of justice, the...
Source-derived case information.
- Citation
- [2018] KEHC 2344 (KLR)
- Parties
- Appellant: Elias Murungi Gitereria; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 92 of 2017
- Procedural Posture
- Criminal Appeal / Ruling on Sentence
- Outcome
- appellant sentenced to 10 years imprisonment from 05/06/2017
- Judges
- A Mabeya
- Legal Topics
- Sentencing, Mitigation, Pre Sentence Reports
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Elias Murungi Gitereria
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling on Sentence
Legal Issues
- 1 Whether the appellant's mitigation and the pre-sentence report warrant a reduction or alteration of sentence.
- 2 What is the appropriate sentence for the appellant given the circumstances.
Ratio Decidendi
The court, after considering the appellant's mitigation and the positive pre-sentence report, determined that a custodial sentence was still warranted. The judge exercised discretion to impose a sentence of 10 years imprisonment, commencing from the date of first sentencing, balancing the interests of justice, the nature of the offence, and the appellant's personal circumstances as reflected in the pre-sentence report.
Court Disposition
appellant sentenced to 10 years imprisonment from 05/06/2017
Orders
- The appellant is sentenced to 10 years imprisonment from 05/06/2017.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
CRIMINAL APPEAL NUMBER 92 OF 2017
BETWEEN
ELIAS MURUNGI GITERERIA....................................APPELLANT
AND
REPUBLIC.....................................................................RESPONDENT
RULING ON SENTENCE
1. I have considered the mitigation by the appellant and the submissions of Mr Gitonga.
2. I have also considered the Pre-Sentence report on record dated 02/11/2018 which is positive of the accused.
3. Taking into consideration all the foregoing, I sentence the accused to 10 years imprisonment from 05/06/2017.
A. MABEYA
JUDGE
19/11/2018