[2002] KEHC 142 (KLR)
The court found that the facts supported a conviction under section 297(1) of the Penal Code rather than section 297(2), as the appellant was armed with a toy pistol and there was no aggravating factor warranting the more serious charge. The court accepted the appellant's plea to the substituted charge, noting he...
Source-derived case information.
- Citation
- [2002] KEHC 142 (KLR)
- Parties
- Appellant: George Mugo Karunde; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 482 of 1998
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal allowed in part; conviction substituted; sentence reduced
- Legal Topics
- Attempted Robbery, Sentencing, Corporal Punishment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
George Mugo Karunde
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the conviction for attempted robbery under section 297(2) of the Penal Code should be substituted with section 297(1).
- 2 Whether the period already served in prison is sufficient punishment for the substituted offence.
- 3 Whether corporal punishment should be imposed in addition to the period served.
Ratio Decidendi
The court found that the facts supported a conviction under section 297(1) of the Penal Code rather than section 297(2), as the appellant was armed with a toy pistol and there was no aggravating factor warranting the more serious charge. The court accepted the appellant's plea to the substituted charge, noting he was a first offender and had already served a substantial period in prison. The court held that the period already served constituted sufficient imprisonment for the offence under section 297(1), but imposed two strokes of the cane as corporal punishment, as provided by law. The court ordered the appellant's release upon administration of corporal punishment, subject to police...
Court Disposition
appeal allowed in part; conviction substituted; sentence reduced
Orders
- Conviction substituted from section 297(2) to section 297(1) of the Penal Code.
- Imprisonment term reduced to period already served.
Full Case Text
Judgment text and source record
7 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CRIMINAL APPEAL NO. 482 OF 1998 FROM ORIGINAL CONVICTION AND SENTENCE IN CRIMINAL CASE NO 17 OF 1998 GEORGE MUGO KARUNDE……………………………..APPELLANT VERSUS REPUBLIC…………………………………………………RESPONDENT JUDGMENT The appellant was convicted of the offence of attempted robbery c/s 297(2) of the Penal Code and sentenced to death. He lodged an appeal.
At the hearing of this appeal the appellant asked for substitution to section 297(1) of the Penal code to which the learned counsel for the republic had no objection. In effect, the appellant was pleading guilty to the said substituted charge.
The appellant was armed with a toy pistol and having looked athe record, the substitution is acceptable to the court. The appellant was said to be a first offender. He has been in prison since April, 1998. The sentence provided for that offence is imprisonment for 7 years with corporal punishment not exceeding fourteen strokes.
I consider the period of imprisonment already served by the appellant sufficient punishment. However he must suffer two strokes of the cane. In the end, this appeal is allowed by reducing the imprisonment term to the period already served by the appellant plus two strokes of the cane.
On the corporal punishment being administered, the appellant shall be released unless otherwise lawfully held. On his release, he shall be subject to police supervision for a period of five years.
Orders accordingly.
MBOGHOLI MSAGHA JUDGE 5/12/2002