[2019] KEHC 4482 (KLR)
The court found that the appellant had served half of his sentence, had pleaded guilty, and had demonstrated remorse and cooperation. The court considered the appellant's personal circumstances, including being a single father with no surviving spouse or parents, and determined that the objectives of...
Source-derived case information.
- Citation
- [2019] KEHC 4482 (KLR)
- Parties
- Appellant: Henry Maswai Musonye; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 131 of 2017
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal allowed; sentence varied
- Judges
- DO Ogembo
- Legal Topics
- Sentencing Principles, House Breaking, Plea of Guilty, Suspension of Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Henry Maswai Musonye
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 personal circumstances and conduct warranted a reduction or suspension of the sentence.
Ratio Decidendi
The court found that the appellant had served half of his sentence, had pleaded guilty, and had demonstrated remorse and cooperation. The court considered the appellant's personal circumstances, including being a single father with no surviving spouse or parents, and determined that the objectives of sentencing—retribution, rehabilitation, and reformation—had been met by the two years already served. The court concluded that further incarceration was unnecessary and that the remaining sentence should be suspended, subject to the appellant not engaging in unlawful activity for the next two years.
Court Disposition
appeal allowed; sentence varied
Orders
- The appellant is forthwith released from jail and the remaining term is suspended.
- The appellant shall not engage in any unlawful activity within the next 2 years.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KAKAMEGA
CRIMINAL APPEAL NO. 131 OF 2017
HENRY MASWAI MUSONYE ......................................APPELLANT
VERSUS
REPUBLIC...................................................................RESPONDENT
(from the original conviction and sentence by B. S. Khapoya, SRM, in Kakamega CM Criminal Case No. 2832 of 2017 dated 17/10/2017)
JUDGMENT
The Appellant herein was convicted of the offence of house breaking and stealing on his own plea of guilt and sentenced to four (4) years imprisonment on 17. 10. 17. The current appeal is against sentence.
The appellant has served two years in prison and pleads for leniency. He is a single father of 4 children aged between 9 and 16 years. His wife passed on in the year 2016 and his parents are all dead. His brother currently takes care of his 4 children.
The appellant states that he has reformed and is ready to abide by the laws of the land.
I have considered the appeal. The court takes notes that the appellant has all along cooperated with the court. He pleaded guilty to the charge, and has now served 2 of the 4 years. I have also taken into account the fact that the appellant is a single absent father of 4 children who need his care. He also has no parents.
The aim of sentencing is to achieve the three goals of retribution, rehabilitation and reformation, which I believe has been achieved by the two years the appellant has spent in jail. I am satisfied that when he comes out of jail the appellant will abide by the law. The appeal is therefore allowed on the following conditions:
1. The appellant is forthwith herewith released from jail and the remaining term is hereby suspended.
2. The appellant shall not engage in any unlawful activity within the next 2 years.
3. Should the appellant engage in any unlawful activity the suspended term herein will be cancelled and the appellant shall be arrested and shall serve the entire term.
That is the Judgment of the court.
There is granted 14 days right of appeal.
Delivered, dated and signed in open court at Kakamega this 2nd day of September, 2019.
E. K. O. OGOLA
JUDGE
In the presence of:
State Counsel – Mr. Ongige
Appellant -
Court Assistant – Mr. Erick