[2006] KEHC 387 (KLR)
The court found that while the offences of attempted defilement and grievous harm were serious, the sentences of 18 and 10 years imprisonment respectively were harsh and excessive given the appellant's status as a first offender, his young age, and his plea of guilty. The court held that these mitigating factors...
Source-derived case information.
- Citation
- [2006] KEHC 387 (KLR)
- Parties
- Appellant: Isaac Alfred Amunga; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- ? 10 of 2006
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal allowed in part; sentences reduced
- Judges
- K Bauni
- Legal Topics
- Sentencing Principles, Mitigation of Sentence, First Offender, Plea of Guilty
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Isaac Alfred Amunga
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentences imposed for attempted defilement and grievous harm were harsh and excessive.
- 2 Whether the appellant's status as a first offender and his plea of guilty warranted a reduction in sentence.
Ratio Decidendi
The court found that while the offences of attempted defilement and grievous harm were serious, the sentences of 18 and 10 years imprisonment respectively were harsh and excessive given the appellant's status as a first offender, his young age, and his plea of guilty. The court held that these mitigating factors should have been given due consideration by the trial court. Consequently, the appellate court set aside the original sentences and substituted them with a sentence of 5 years imprisonment on each count, to run concurrently from the date of conviction.
Court Disposition
appeal allowed in part; sentences reduced
Orders
- The sentences of 18 years and 10 years imprisonment are set aside.
- The appellant is sentenced to 5 years imprisonment on each count, to run concurrently from the date of conviction.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA OF KISII
Crim Appli 10 of 2006
ISAAC ALFRED AMUNGA …………………………. APPELLANT
VERSUS
REPUBLIC …………………………………….……. RESPONDENT
(From original conviction and sentence of the Senior Resident Magistrate’s Court at Kilgoris in Criminal Case No.501 of 2005 – MR. CHEPSEBA – S.R.M)
JUDGMENT
The appellant ISAAC ALFRED AMUNGA was convicted on two counts the first of attempted defilement contrary to S.145 (1) P.C. and the second that of Grievous Harm contrary to S.234 Penal Code.
He pleaded guilty to both charges before the Senior Resident Magistrate Kilgoris and was sentenced to 18 years and 10 years imprisonment respectively. He has now appealed against the sentence.
Mr. Kemo the Senior State Counsel opposed the appeal and stated that the offences were serious and the sentences imposed were warranted.
Indeed I concur that the offences were serious. However I think the sentences were harsh and excessive. The appellant was a first offender.
In mitigation he said he was 16 years though the doctor assessed his age as 18 years. He is a young man. He pleaded guilty to the offence.
Court should have considered all those circumstances and not only the seriousness of the offence.
In the circumstances I allow the appeal and set aside the sentences of 18 years and 10 years imprisonment and substitute them with one of 5 years imprisonment on each count to run concurrently from the date of conviction.
Dated 12th October 2006.
KABURU BAUNI
JUDGE
cc. Mobisa
Mr. Chirchir for State
Appellant P.I.P