[2001] KEHC 84 (KLR)
The High Court found that the appellant had already served a substantial period in custody, both on remand and in prison, and that his co-accused, who were jointly charged, were treated more leniently by being placed on probation. The court determined that the time already served by the appellant was sufficient...
Source-derived case information.
- Citation
- [2001] KEHC 84 (KLR)
- Parties
- Appellant: Harun Gacheru Gathungu; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 95 of ??
- Procedural Posture
- Criminal Appeal / Judgment on Appeal Against Sentence
- Outcome
- appeal against sentence allowed; sentence reduced to period already served; appellant to be released forthwith
- Judges
- A Mbogholi-Msagha
- Legal Topics
- Manslaughter, Sentencing, Appeals Against Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Harun Gacheru Gathungu
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Legal Issues
- 1 Whether the sentence imposed on the appellant for manslaughter was excessive in the circumstances.
- 2 Whether the period already served by the appellant in custody and prison was sufficient punishment.
Ratio Decidendi
The High Court found that the appellant had already served a substantial period in custody, both on remand and in prison, and that his co-accused, who were jointly charged, were treated more leniently by being placed on probation. The court determined that the time already served by the appellant was sufficient punishment for the offence of manslaughter. Accordingly, the sentence was reduced to the period already served, and the appellant was ordered to be released forthwith unless otherwise lawfully held.
Court Disposition
appeal against sentence allowed; sentence reduced to period already served; appellant to be released forthwith
Orders
- Appeal against sentence allowed to the period already served.
- Appellant shall be set free forthwith unless otherwise lawfully held.
Full Case Text
Judgment text and source record
15 paragraphs
REPULIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI CRIMINAL APPEAL NO 95 OF 2000
(FROM ORIGINAL CONVICTION AND SENTENCE IN CRIMINAL CASE NO 1672 OF 1999 OF THE CHIEF MAGISTRATE’S COURT AT THIKA.)
HARUN GACHERU GATHUNGU…………………………..APPELLANT VERSUS REPUBLIC………………………………………………………REPUBLIC
J U D G M E N T
The appellant was convicted of the offence of manslaughter and sentenced to five(5) years imprisonment. He appealed against both the conviction and sentence.
When the appeal came up for hearing, the appellant intimated to the court that he only wished to appeal against the sentence. In that case the appeal against conviction should and is hereby dismissed.
The appellant was jointly charged with his wife and son. The latter two were sentenced to serve three(3) years probation period. No reasons were given by the learned trial magistrate for treating them favourably compared to the appellant herein.
The sentence upon the appellant was imposed on 14th January, 2000. As at that time the appellant had been in custody since 1st October, 1997. He has also served atmost two years of the period of imprisonment imposed by the learned trial magistrate.
In my judgment, I have considered that the appellant’s co-accused were placed on probation. He has also served a considerable period in remand and prison custody.
I am of the view that this has been sufficient the appeal against sentence by reducing the same to the period already served by the appellant so that he shall secure his release forthwith.
Order: Appeal against sentence allowed to the period already served. The appellants shall be set free forthwith unless otherwise lawfully held.
Dated and delivered at Nairobi this 14th day of November, 2001
MBOGHOLI MSAGHA
JUDGE