[2018] KEHC 6286 (KLR)
The court found no basis to interfere with the sentence imposed by the trial court, as the sentencing notes and probation report did not present the appellant in a positive light. The sentence was within the statutory limits for the offence of causing grievous harm, and there was no evidence of misdirection or error...
Source-derived case information.
- Citation
- [2018] KEHC 6286 (KLR)
- Parties
- Appellant: Fredrick Mwenda; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 137 of 2017
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed
- Judges
- DAS Majanja
- Legal Topics
- Sentencing Review, Grievous Harm, Plea of Guilty
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Fredrick Mwenda
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence imposed for causing grievous harm was excessive and should be reviewed.
- 2 Whether the circumstances of the appellant warranted intervention by the appellate court.
Ratio Decidendi
The court found no basis to interfere with the sentence imposed by the trial court, as the sentencing notes and probation report did not present the appellant in a positive light. The sentence was within the statutory limits for the offence of causing grievous harm, and there was no evidence of misdirection or error in principle by the trial magistrate. However, the court directed the Probation and After Care Services to review the matter and prepare a report for further consideration, indicating a willingness to consider new information if presented.
Court Disposition
appeal dismissed
Orders
- The appeal is dismissed.
- Probation and After Care Services to review the matter and prepare a report for consideration before the Presiding Judge.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
CRIMINAL APPEAL NO. 137 OF 2017
CORAM: D.S. MAJANJA J.
BETWEEN
FREDRICK MWENDA ........................................APPELLANT
AND
REPUBLIC .......................................................RESPONDENT
(Being an appeal from the original conviction and sentence of Hon. J.W. Wanganga, RM dated 2nd February 2015 at the Chief Magistrate’s Court at Maua in Criminal Case No. 335 of 2015)
JUDGMENT
1. The appellant FREDRICK MWENDA pleaded guilty to causing grievous harm contrary tosection 234of thePenal Code (Chapter 63 of the Laws of Kenya). He was sentenced to five (5) years imprisonment. At the hearing of this appeal he seeks for the sentence to be reviewed. I have looked at the sentencing notes and the probation report that the trial court relied on and they do not put the appellant to positive light. I am unable to intervene. I however direct the Probation and After Care Services to review this matter and prepare a report for consideration before the Presiding Judge.
2. The appeal is dismissed.
DATED and DELIVERED at MERU this 30th day of May 2018.
D.S. MAJANJA
JUDGE
Appellant in person.
Mr Kiarie, Prosecution Counsel, instructed by the Office of the Director of Public Prosecutions for the respondent.