[2001] KEHC 340 (KLR)
The court found that both appellants had no previous criminal records and that the trial took an unreasonably long time to conclude, causing them undue stress. These factors warranted a reduction in the sentence. The court exercised its discretion to reduce the custodial sentence and corporal punishment accordingly,...
Source-derived case information.
- Citation
- [2001] KEHC 340 (KLR)
- Parties
- Appellant: I. Kituma Fundi Kisolo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 1338 of 2001
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- sentence reduced
- Judges
- VV Patel
- Legal Topics
- Sentencing Principles, Robbery Offences, Mitigating Factors
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
I. Kituma Fundi Kisolo
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence imposed on the appellants for robbery was appropriate given their clear past records and the delay in concluding the trial.
Ratio Decidendi
The court found that both appellants had no previous criminal records and that the trial took an unreasonably long time to conclude, causing them undue stress. These factors warranted a reduction in the sentence. The court exercised its discretion to reduce the custodial sentence and corporal punishment accordingly, while noting that there is no remission for robbery sentences under Kenyan law.
Court Disposition
sentence reduced
Orders
- The sentence against each of the two appellants is reduced to 2 ½ years imprisonment plus 2 strokes each.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
HIGH COURT AT NAIROBI
Criminal Appeal 1338 of 2001
I. KITUMA FUNDI KISOLO ………..……………………….APPELLANT
VERSUS
REPUBLIC…………………………….…………………….RESPONDENT
J U D G M E N T
Criminal appeal Nos.1338 and 1339 of 2001 are consolidated. Both appellants are only against the sentence. They both have now admitted that they robbed the complainant as charged.
In considering the issue of the sentence I note that both appellants had a past clear record. Further that it took the court below nearly 1 ½ years to finalize a case so simple as this one. Think of the stress and …… agony the appellants must have gone thoroughly for all that long period.
There is no remission for robbery sentence.
ORDER:
The sentence against each of the two appellants is reduced to 2 ½ years imprisonment plus 2 strokes each.
V.V. PATEL
JUDGE
15/3/2001