[1999] KEHC 145 (KLR)
The court found that although the appellant had committed a subsequent offence, for the present offence he was treated as a first offender. The sentence of 3 years imprisonment with 3 strokes of the cane for each limb of the offence was deemed excessive. The court held that the appropriate sentence should be reduced...
Source-derived case information.
- Citation
- [1999] KEHC 145 (KLR)
- Parties
- Appellant: Ibrahim Saroni Ndika; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 950 of 1998
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal allowed in part
- Legal Topics
- Sentencing, Juvenile Offenders, Corporal Punishment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ibrahim Saroni Ndika
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence imposed on the appellant was excessive given his status as a first offender for the present offence.
- 2 Whether the revocation of probation and imposition of corporal punishment was appropriate.
Ratio Decidendi
The court found that although the appellant had committed a subsequent offence, for the present offence he was treated as a first offender. The sentence of 3 years imprisonment with 3 strokes of the cane for each limb of the offence was deemed excessive. The court held that the appropriate sentence should be reduced to the period already served, with corporal punishment limited to 1 stroke of the cane for each limb of the offence. The appeal against sentence was therefore allowed to that extent, and the appellant was ordered to be released after receiving the said corporal punishment unless held for any other lawful cause.
Court Disposition
appeal allowed in part
Orders
- Sentence of 3 years imprisonment with 3 strokes of the cane for each limb of the offence is set aside and reduced to the period already served.
- Appellant to receive 1 stroke of the cane for each limb of the offence.
Full Case Text
Judgment text and source record
12 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI APPELLATE CRIMINAL APPEAL NO.950 OF 1998
( From Original Conviction and Sentence in Criminal Case No.68360 of 1997 of the Principal Magistrate’s Court’ s at Kibera)
IBRAHIM SARONI NDIKA …………………………….APPELLANT
VERSUS
REPUBLIC………………………………………………. RESPONDENT
J U D G M E N T
The appellant was charged and convicted with the offence of burglary and stealing contrary to section 304 (2) and 279(e) of the Penal Code. He was aged 17 years. The Trial Magistrate ordered for probation report. Which was submitted but was unfavorable. The Trial Magistrate committed him to Kamiti YCTC for a period of 4 months. He served for 3 months and absconded. He committed a subsequent offence of robbery with violence and was charged in Criminal Case No.4273 of 1998. He was taken before the Trial Magistrate who revoked the probation order and sentenced him to 3 years imprisonment with 3 strokes of the cane. For each limb of the offence sentence to run concurrently. He now appeals against that decision.
The appeal is against sentence only. Notwithstanding that the appellant has been charged with a subsequent offence but for the present offence he was treated as a first offender. In the circumstances sentence was on the higher side.
The appeal against sentence is allowed and the sentence of 3 years with 3 stroked of the cane for each limb of the offence is set aside and reduced to the period he has served. On corporal punishment I order that the appellant to receive 1 stroke of the cane for each limb of the offence, and he be released after the said corporal punishment unless otherwise for any other lawful cause. To that extend this appeal succeeds. Otherwise the appeal is dismissed.
Dated and Delivered at Nairobi this 27th day of October, 1999
J.L.A. OSIEMO
J U D G E