[2020] KEHC 7956 (KLR)
The court found that the sentence of four years imprisonment imposed on the appellant, a young first offender who pleaded guilty, was manifestly harsh and excessive. The trial court failed to seek a probation report, which would have provided further insight into the appellant's circumstances. Given that the...
Source-derived case information.
- Citation
- [2020] KEHC 7956 (KLR)
- Parties
- Appellant: Fadhili Katana Kalama; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 1 of 2018
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal_allowed
- Judges
- DW Mbuteti
- Legal Topics
- Sentencing Principles, Plea of Guilty, First Offender, Probation Report, Sentence Reduction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Fadhili Katana Kalama
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence of four years imprisonment imposed on the appellant was harsh and excessive in the circumstances.
- 2 Whether the trial court erred by not seeking a probation report before sentencing a young first offender who pleaded guilty.
Ratio Decidendi
The court found that the sentence of four years imprisonment imposed on the appellant, a young first offender who pleaded guilty, was manifestly harsh and excessive. The trial court failed to seek a probation report, which would have provided further insight into the appellant's circumstances. Given that the appellant had already served over two years in prison, the High Court held that this period constituted sufficient punishment. The sentence was therefore set aside and substituted with a term of two years imprisonment from the original sentencing date, resulting in the appellant's immediate release unless otherwise lawfully held.
Court Disposition
appeal_allowed
Orders
- The appeal against sentence is allowed.
- The sentence of four years imprisonment is set aside and substituted with a sentence of two years imprisonment from 02/01/2018.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NANYUKI
CRIMINAL APPEAL NO 1 OF 2018
FADHILI KATANA KALAMA.................................................APPLICANT
VERSUS
REPUBLIC.............................................................................RESPONDENT
(Appeal from original Sentence dated 02/01/2018 in Nanyuki CM
Criminal Case No 9 of 2018 – L Mutai, CM)
J U D G M E N T
1. The Appellant herein, FADHILI KATANA KALAMA, was convicted upon his own plea of breaking into a building and stealing therefrom contrary section 306(a) of the Penal Code. He stole various items in electronic office equipment and supplies valued at KShs 523,300/00. Most of the stolen items were recovered.
2. On 02/01/2018 the Appellant was sentenced to four (4) years imprisonment. He has appealed only against that sentence. I have considered his submissions and those of the learned counsel for the Respondent.
3. In his mitigation before the trial court the Appellant stated that he was aged 21 years and had been forced by circumstances to look for money to educate his siblings. He stated to this court that when he was arrested in December, 2017 he had just finished form 3 secondary. He pleaded that it is his desire to continue with his schooling when he is finally released from prison. He stated further that he was the first born in the family.
4. On his part learned counsel left the matter of sentence to court; but he pointed out that the offence carries a maximum of seven (7) years imprisonment.
5. The Appellant was a first offender who pleaded guilty. He was (and still is) a very young man. The trial court ought to have sought a probation report on him before sentencing; it did not.
6. I am satisfied that the sentence of 4 years imprisonment meted out to the Appellant was manifestly harsh and excessive in the circumstances of this case. This court is therefore entitled to interfere. The Appellant has been in prison now for about two years and one–and-a–half months. That has been sufficient punishment for his crime.
7. I will therefore allow this appeal against sentence by setting aside the term of four (4) years imprisonment and substituting therefor a sentence of two (2) years imprisonment from the date when he was sentenced by the trial court, 02/01/2018. That means that he has already served his sentence and shall be set at liberty forthwith unless otherwise lawfully held. It is so ordered.
DATED AND SIGNED AT NANYUKI THIS 26TH DAY OF FEBRUARY 2020
H P G WAWERU
JUDGE
DELIVERED AT NANYUKI THIS 27TH DAY OF FEBRUARY 2020