[2013] KEHC 1812 (KLR)
The court found that the sentence of 10 years imprisonment imposed on the appellant for the offence of grievous harm was lawful, as Section 234 of the Penal Code prescribes life imprisonment as the maximum penalty. The trial court exercised its discretion appropriately, considering the gravity of the offence and the...
Source-derived case information.
- Citation
- [2013] KEHC 1812 (KLR)
- Parties
- Appellant: Henry Rono; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 16 of 2011
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Sentencing Principles, Grievous Harm, Penal Code Section 234
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Henry Rono
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence of 10 years imprisonment for the offence of grievous harm was excessive or warranted interference by the appellate court.
Ratio Decidendi
The court found that the sentence of 10 years imprisonment imposed on the appellant for the offence of grievous harm was lawful, as Section 234 of the Penal Code prescribes life imprisonment as the maximum penalty. The trial court exercised its discretion appropriately, considering the gravity of the offence and the serious injuries inflicted on the elderly complainant. The appellate court saw no legal or factual basis to interfere with the sentence, despite the appellant's personal circumstances regarding his children. The appeal was therefore dismissed for lack of merit.
Court Disposition
appeal dismissed
Orders
- The appeal against sentence is dismissed.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT ELDORET
CRIMINAL APPEAL NO. 16 OF 2011
HENRY RONO:::::::::::::::::::::::::::::::::::::::::::::::::::::::APPELLANT
VERSUS
REPUBLIC::::::::::::::::::::::::::::::::::::::::::::::::::::::::::RESPONDENT
JUDGEMENT
The appellant, HENRY RONO, was convicted for the offence of Grievous harm contrary to Section 234 of the Penal Code. He was then sentenced 10 years imprisonment.
His appeal was only in relation to the sentence.
The appellant said that his children used to rely on their mother after he was sent to prison. However, their mother had been taken ill, suffering from cancer. She had, therefore, gone to seek for treatment.
As the children had now been left on their own, the appellant asked this court to give him an opportunity to go back home to look after his children.
In answer to the appeal, Ms. Ruto, learned state counsel, submitted that the sentence was very reasonable in the circumstances.
The Respondent pointed out that the victim of the appellant's assault suffered serious injuries.
The complainant was assessed by the medical doctor to be about 83 years old.
The appellant attacked her with a panga, causing her multiple cut wounds on her body. The complainant also suffered a fractured skull. She was therefore lucky to be alive.
Pursuant to section 234 of the Penal Code, the sentence prescribed for the offence of Grievous Harm is Life Imprisonment. Accordingly, the sentence of 10 years imprisonment is lawful.
I have found no reason in law or in fact to interfere with the said sentence.
Whilst I appreciate that the appellant's children may be in need of attention, I also note that the appellant is suffering the direct consequences of his actions.
Accordingly, this appeal is dismissed, because it has no merits.
DATED, SIGNED AND DELIVERED AT ELDORET
THIS23RDDAY OFOCTOBER, 2013
________________________________________
FRED A. OCHIENG
JUDGE