[2017] KEHC 1793 (KLR)
The court found that the sentence of four years imprisonment was well below the statutory maximum of ten years for the offence of threatening to kill. The appellant, though a first offender, committed a grave offence by threatening to kill his aged grandmother while armed with a panga and an axe. The nature and...
Source-derived case information.
- Citation
- [2017] KEHC 1793 (KLR)
- Parties
- Appellant: Francis Gitau Wanjiku; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Murang'a
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 45 of 2015
- Procedural Posture
- Criminal Appeal / Appeal Against Sentence After Withdrawal of Appeal Against Conviction
- Outcome
- Appeal against sentence dismissed; conviction and sentence upheld.
- Judges
- DW Mbuteti
- Legal Topics
- Sentencing Principles, Threats to Kill, Penal Code Section 223, First Offender, Remission of Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Francis Gitau Wanjiku
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Appeal Against Sentence After Withdrawal of Appeal Against Conviction
Legal Issues
- 1 Whether the sentence of four years imprisonment for threatening to kill was excessive or unjustified.
- 2 Whether the appellant, as a first offender, deserved a lesser sentence.
Ratio Decidendi
The court found that the sentence of four years imprisonment was well below the statutory maximum of ten years for the offence of threatening to kill. The appellant, though a first offender, committed a grave offence by threatening to kill his aged grandmother while armed with a panga and an axe. The nature and circumstances of the offence justified the sentence imposed. The court saw no reason to interfere with the trial court's discretion, especially since the appellant would serve the full sentence without remission due to the nature of the offence. The appeal against sentence lacked merit and was dismissed.
Court Disposition
Appeal against sentence dismissed; conviction and sentence upheld.
Orders
- The appellant's appeal against sentence is dismissed.
- The conviction and sentence of four years imprisonment are upheld.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MURANG’A
CRIMINAL APPEAL NO 45 OF 2015
(From original conviction and sentence in Kigumo SPM Criminal Case No 1522 of 2014 – D Orimba, SPM)
FRANCIS GITAU WANJIKU.........APPELLANT
VERSUS
REPUBLIC.................................RESPONDENT
J U D G M E N T
1. The Appellant, Francis Gitau Wanjiku, was convicted after trial of threatening to kill contrary to section 223(1) of the Penal Code. On 05/05/2015 he was sentenced to four (4) years imprisonment. He appealed against conviction and sentence, but on 12/07/2017 he withdrew his appeal against conviction. His appeal against sentence was heard on 30/10/2017.
2. I have considered the Appellant’s submissions and those of learned prosecution counsel who supported the sentence. I have also perused the record of the trial court.
3. The Appellant threatened to kill his aged grandmother. While doing so he was armed with a panga and an axe.
4. The offence of which the Appellant stood convicted can attract a maximum of ten (10) years imprisonment. He got only four (4) years, less than half the possible maximum. Although he was a first offender and the nature of the offence was such that he would earn no remission and would serve the full sentence, I respectfully agree with the learned counsel that he richly deserved the sentence.
5. I find no merit in the appeal against sentence. As the appeal against conviction was withdrawn, the net result is that the Appellant’s appeal in its entirety is hereby dismissed. It is so ordered.
DATED, SIGNED AT MURANG’A THIS 30TH DAY OF NOVEMBER 2017
H P G WAWERU
JUDGE
DELIVERED AT MURANG’A THIS 1ST DAY OF DECEMBER 2017