[2009] KEHC 488 (KLR)
The court found that the appellant had pleaded guilty, the stolen radio was recovered, and he had already served about half of his sentence. These factors, combined with his claim of reformation and the hardship faced by his family, justified a reduction of the sentence to a term that would secure his immediate...
Source-derived case information.
- Citation
- [2009] KEHC 488 (KLR)
- Parties
- Appellant: Geoffrey Kamau Kahuthu; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 207 of 2008
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- sentence reduced; appellant to be released forthwith unless otherwise lawfully held
- Judges
- DK Maraga
- Legal Topics
- Housebreaking, Sentencing, Plea of Guilty, Theft, Sentence Reduction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Geoffrey Kamau Kahuthu
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence imposed on the appellant was excessive in the circumstances.
- 2 Whether the appellant's plea of guilty and the recovery of the stolen property warranted a reduction of sentence.
Ratio Decidendi
The court found that the appellant had pleaded guilty, the stolen radio was recovered, and he had already served about half of his sentence. These factors, combined with his claim of reformation and the hardship faced by his family, justified a reduction of the sentence to a term that would secure his immediate release. The court exercised its discretion to reduce the sentence accordingly.
Court Disposition
sentence reduced; appellant to be released forthwith unless otherwise lawfully held
Orders
- The appellant's sentence is reduced to a term that secures his immediate release.
- The appellant shall be released forthwith unless otherwise lawfully held.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
Criminal Appeal 207 of 2008
(From original conviction and sentence in Criminal Case No. 1267 of 2008 of the Principal Magistrate’s court at Molo – S.M.S. SOITA, PM)
GEOFFREY KAMAU KAHUTHU……..APPELLANT
VERSUS
REPUBLIC……………………………...RESPONDENT
JUDGMENT
GEOFFREY KAMAU KAHUTHU, the appellant, was upon his own plea of guilty to a charge of housebreaking contrary to Section 304(1) and stealing contrary to Section 279(b) of the Penal Code convicted and sentenced to 30 months imprisonment on each limb and the sentences were ordered to ran concurrently. He has appealed against that sentence. Mr. Gumo for the state left the matter of sentence to me.
In his submissions, the appellant contended that he has reformed and prays for the reduction of the sentence. He say he was one of those affected by the post election clashes of last year and as a result of his imprisonment his family is in dire need of help.
I have considered the appellant’s submissions. Given the fact that the stolen radio was recovered and the appellant has served about a half of the sentence imposed upon him I reduce it to a term that will secure his immediate release. The appellant shall therefore be released forthwith unless otherwise lawfully held.
DATED and delivered at Nakuru this 25th day of November, 2009.
D. K. MARAGA
JUDGE.