[2010] KEHC 3556 (KLR)
The court found that the appellant was convicted under section 308(1) of the Penal Code, which mandates a minimum sentence of 7 years imprisonment for preparing to commit a felony. The appellant received the minimum sentence prescribed by law. The court held that it had no discretion to reduce the sentence below the...
Source-derived case information.
- Citation
- [2010] KEHC 3556 (KLR)
- Parties
- Appellant: Frankline Muluka; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 61 of 2009
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Sentencing, Preparing to Commit Felony, Penal Code Section 308, Minimum Sentence, Appeal Against Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Frankline Muluka
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence of 7 years imprisonment imposed on the appellant for preparing to commit a felony was lawful and appropriate.
- 2 Whether the court has discretion to reduce the sentence below the statutory minimum.
Ratio Decidendi
The court found that the appellant was convicted under section 308(1) of the Penal Code, which mandates a minimum sentence of 7 years imprisonment for preparing to commit a felony. The appellant received the minimum sentence prescribed by law. The court held that it had no discretion to reduce the sentence below the statutory minimum, regardless of the appellant's remorse or rehabilitation. The conviction was found to be proper, and the appeal against sentence was dismissed for lack of merit.
Court Disposition
appeal dismissed
Orders
- The appeal is dismissed.
- The sentence of 7 years imprisonment is upheld.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT ELDORET
Criminal Appeal 61 of 2009
(From the Original Sentence and Conviction in CM.CRC.NO.
5398 of 2008 by the Resident Magistrate Alice Mong’are)
FRANKLINE MULUKA:……………….………………….……APPELLANT
VERSUS
REPUBLIC:…………………………………………………..RESPONDENT
JUDGMENT
This is an Appeal against sentence. The Appellant was convicted of the offence of preparing to commit a felony contrary to section 308(1) of the Penal Code. He was found guilty convicted and sentenced to serve a term of 7 years imprisonment. At the hearing of his appeal the Appellant stated that7 years is long and he wishes that he was sentenced to serve two years imprisonment. He said that he has learned his lesson and has been trained as a carpenter and converted to Christianity and prays that he be released upon which he will go back and preach that his fellow youth obey the law.
The offence that the Appellant was convicted of carries a minimum of 7 years and a maximum of 15 years in jail as per section 308 (1) of the Penal Code chapter 63 of the Laws of Kenya. The Appellant got the minimum. My hands are tied by the Law and in any case the conviction was rightful. This appeal has no merit. It is accordingly dismissed.
DATED AND DELIVERED AT ELDORET THIS 4TH
DAY OF MARCH 2010.
P.M.MWILU
JUDGE
IN THE PRESENCE OF:-
Paul Ekitela - Court clerk
Present - Appellant
Kabaka - State Counsel.