[2003] KEHC 170 (KLR)
The court held that the appellant's commission of the offence could not be excused on the grounds of intoxication by alcohol. The sentence imposed—seven years' imprisonment and two strokes of the cane—was considered lenient, as it was only half of the maximum provided under the Penal Code for such offences. The...
Source-derived case information.
- Citation
- [2003] KEHC 170 (KLR)
- Parties
- Appellant: Hussein Ngare Musee; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 170 of ??
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Unnatural Offence, Sentencing Principles, Indecent Assault, Plea of Guilty
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Hussein Ngare Musee
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence imposed for the offence of unnatural offence was excessive or warranted reconsideration.
- 2 Whether intoxication by alcohol could mitigate the seriousness of the offence.
Ratio Decidendi
The court held that the appellant's commission of the offence could not be excused on the grounds of intoxication by alcohol. The sentence imposed—seven years' imprisonment and two strokes of the cane—was considered lenient, as it was only half of the maximum provided under the Penal Code for such offences. The court found no merit in the appeal and dismissed it, affirming the trial court's sentence as appropriate given the seriousness of the offence and the age of the victim.
Court Disposition
appeal dismissed
Orders
- The appeal is dismissed.
- The sentence of seven years' imprisonment and two strokes of the cane is upheld.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
CRIMINAL APPEAL NO.170 OF 2000
(From original conviction and sentence in Criminal
Case No.1066 of 2000 of the Chief Magistrate’s Court at NAKURU –G.A. NDEDA(MRS)
HUSSEIN NGARE MUSEE…………………………..APPELLANT VERSUS REPUBLIC…………………………………………..RESPONDENT
J U D G M E N T
The Appellant was charged with UNNATURAL OFFENCE contrary to Section 162(a) of the Penal Code and in the alternative with INDECENT ASSAULT ON A BOY contrary to Section 164 of the Penal Code. He has appealed against the sentence of 7 years and 2 strokes of the cane. He pleaded guilty to the main count and was convicted. He urges the court to reconsider the sentence blaming the commission of the offence on alcohol.
The Appeal was opposed by the Counsel for the State on grounds that the boy sodomised was only 13 years and will be stigmatised the rest of his life. Further that sentence was lenient being half the maximum provide under the Act.
I do agree. The act the Appellant committed cannot be excused even on grounds of alcohol. Besides, he did get a lenient sentence being half of that provided for under the Penal Code. I find no merit in this appeal and dismiss it accordingly.
Dated and delivered at Nakuru this 20th day of March, 2003.
JESSIE LESIIT JUDGE