[2021] KEHC 3900 (KLR)
The court found that the appellant had pleaded guilty and had been in custody for approximately two years since 23rd January, 2020. Considering the mitigation presented and the period already served, the court held that the original sentence of three years' imprisonment was excessive in the circumstances. The court...
Source-derived case information.
- Citation
- [2021] KEHC 3900 (KLR)
- Parties
- Appellant: Evans Wafula Nyongesa; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Bungoma
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 13 of 2020
- Procedural Posture
- Criminal Appeal / Appeal Against Sentence
- Outcome
- sentence reduced to time served; appellant released unless held on other lawful warrants
- Legal Topics
- Sentencing Principles, Plea of Guilty, Mitigation, Assault Offences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Evans Wafula Nyongesa
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Legal Issues
- 1 Whether the sentence of 3 years' imprisonment imposed on the appellant for assault was excessive in the circumstances.
- 2 Whether the appellant's mitigation and time already served warranted a reduction of sentence.
Ratio Decidendi
The court found that the appellant had pleaded guilty and had been in custody for approximately two years since 23rd January, 2020. Considering the mitigation presented and the period already served, the court held that the original sentence of three years' imprisonment was excessive in the circumstances. The court exercised its discretion to reduce the sentence to the period already served, thereby ordering the appellant's immediate release unless held on other lawful grounds.
Court Disposition
sentence reduced to time served; appellant released unless held on other lawful warrants
Orders
- The sentence imposed is reduced to the period already served.
- The appellant is set free unless held on other lawful warrants.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT BUNGOMA
CRIMINAL APPEAL NO. 13 OF 2020
EVANS WAFULA NYONGESA.............................................................APPELLANT
VERSUS
REPUBLIC...........................................................................................RESPONDENT
(Being an appeal from the judgement and sentence of Hon. G. P. APONDI - SRM., dated 23rd January, 2020 in the CM’S Court at Bungoma in Criminal Case No.66 of 2020, Republic vs Evans Wafula Nyongesa)
JUDGEMENT
The appellant was convicted on his own plea of guilty to a charge of assault and was sentenced to 3 years’ imprisonment.
Initially he appealed against conviction and sentence. Subsequently he abandoned his appeal against conviction and he is now appealing against sentence only.
In his mitigation to this court he has stated that he has apologized to the complainant. He has also urged the court to impose a non-custodial sentence.
Furthermore, he has informed this court that he has undergone various Christian and vocational training while in prison. As a result, he has achieved skills and experience which will enable him to contribute in the development of his family and spiritually; if he is given a chance.
Ms. J. Tarus counsel for the Respondent has supported the sentence. She has submitted that the trial court properly exercised its discretion.
I have considered the sentencing notes of the trial court and the mitigation of the appellant in this court. I find that the appellant pleaded guilty and has been in custody since 23rd January, 2020, which translates to a period of about 2 years. I find that the sentence of 3 years is excessive in the circumstances of this case.
In the premises, the sentence imposed is hereby reduced to the sentence that he has already served, with the result that he is hereby set free unless he is held on other lawful warrants.
JUDGMENT SIGNED, DATED AND DELIVERED IN OPEN COURT AT BUNGOMA ON THIS DAY OF THE 10TH SEPTEMBER, 2021.
J. M. BWONWONG’A
JUDGE
In the presence of
C/A – Kizito
The appellant
Ms. Nyakibia for the Respondent