[2014] KEHC 3758 (KLR)
The court found that the sentence of 8 years imprisonment was excessive given the appellant was a first offender, acted alone, the stolen handset was recovered, and he had served almost the entire sentence. The court also considered the appellant's rehabilitation and willingness to contribute positively to society....
Source-derived case information.
- Citation
- [2014] KEHC 3758 (KLR)
- Parties
- Appellant: Frankline Njagi Njue; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 68 of 2008
- Procedural Posture
- Criminal Appeal / Appeal Against Sentence
- Outcome
- appeal allowed (sentence reduced to period served)
- Legal Topics
- Robbery, Sentencing, Penal Code Section 296 1, Sentence Reduction, First Offender, Mitigating Factors
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Frankline Njagi Njue
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Legal Issues
- 1 Whether the sentence of 8 years imprisonment for robbery under section 296(1) of the Penal Code was excessive in the circumstances.
- 2 Whether the period already served constituted sufficient punishment for the offence committed.
Ratio Decidendi
The court found that the sentence of 8 years imprisonment was excessive given the appellant was a first offender, acted alone, the stolen handset was recovered, and he had served almost the entire sentence. The court also considered the appellant's rehabilitation and willingness to contribute positively to society. Consequently, the sentence was set aside and substituted with a sentence equivalent to the period already served, resulting in the appellant's immediate release unless otherwise lawfully held.
Court Disposition
appeal allowed (sentence reduced to period served)
Orders
- The sentence of 8 years imprisonment is set aside and substituted with a sentence of the period already served.
- The appellant shall be set free unless otherwise lawfully held.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
CRMINAL APPEAL No. 68 OF 2008
LESIIT, J.
FRANKLINE NJAGI NJUE................................APPELLANT
VERSUS
REPUBLIC....................................................PROSECUTOR
JUDGEMENT
The Appellant FRANKLINE NJAGI NJUE was convicted of one count of Robbery contrary to section 296(1) of the Penal Code. He was sentenced to serve 8 years imprisonment. Being aggrieved by the conviction and sentence he filed this appeal.
When the appeal came up for hearing the Appellant sought to pursue his appeal only against sentence. He urged the court to reduce his sentence saying he had served six and a half years of the eight years imprisonment sentence imposed against him. He urged that he will be of use to himself and the community having learnt a lesson, and having graduated with a Grade II Mason and Black Smith certificate.
The state was represented by Mr. Moses Mungai, Senior Prosecution Counsel. The learned Counsel did not oppose the appeal.
The court has considered that the Appellant was convicted of attacking the complainant with an iron bar which he used to hit her once on the head. He then took a mobile phone and cash 500/- from her. I considered that the Appellant was alone at the time he committed this offence and that he was a first offender. Taking the circumstances of the offence and the fact the stolen handset was recovered, I find that the sentence of 8 years imprisonment was rather on the higher side.
The Appellant has served almost all the sentence. He pledges to be of use to the community, if released from the skills gained while in prison. Having taken all into consideration, I will allow Appellant’s appeal against sentence. I find that the Appellant has served sufficient punishment for the offence.
The sentence is accordingly set aside and in substitution it is reduced to the period already served. The Appellant should be set free unless he is otherwise lawfully withheld.
DATED, SIGNED AND DELIVERED AT MERU
THIS 17TH DAY OF JULY, 2014
LESIIT, J,
JUDGE