[2004] KEHC 1512 (KLR)
The court found that although the appellant breached her probation by failing to report as required, she had already served approximately one and a half years in prison. Considering her guilty plea, remorse, and the lesson likely learned during incarceration, the court determined that the time served was sufficient...
Source-derived case information.
- Citation
- [2004] KEHC 1512 (KLR)
- Parties
- Appellant: Jackline Agnes; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- ? 212 of 2002
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal allowed
- Judges
- RPV Wendoh
- Legal Topics
- Child Neglect, Probation Violation, Sentencing, Remorse and Mitigation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Jackline Agnes
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence imposed after breach of probation was excessive in light of the appellant's remorse and time already served.
- 2 Whether the appellant's conduct justified denial of leniency.
Ratio Decidendi
The court found that although the appellant breached her probation by failing to report as required, she had already served approximately one and a half years in prison. Considering her guilty plea, remorse, and the lesson likely learned during incarceration, the court determined that the time served was sufficient punishment. The sentence was therefore set aside and replaced with the term already served, and the appellant was ordered to be released unless otherwise lawfully held.
Court Disposition
appeal allowed
Orders
- The sentence imposed by the lower court is set aside and replaced with the term already served.
- The appellant is to be set free forthwith unless otherwise lawfully held.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA ATMACHAKOS
CRIMINAL APPEAL NO. 212 OF 2002
JACKLINE AGNES…………………………………APPELLANT
VERSUS
REPUBLIC………………………………………..RESPONDENT
J U D G E M E N T
The appellant was charged in CRC no. 393/01 before Senior Resident Magistrate’s court Kajiado for the offence of neglecting a child contrary to section 23(1) (a) of the children and young persons Act.
When she appeared before the court for plea, she pleaded guilty to the offence and was convicted. A probation officer prepared a report and on 16. 7.2001 she was placed on probation for a period of 3 years. She breached the probation order by failing to report to the probation officer as required. The Probation Officer applied for cancellation of the probation order and on 12. 9.2002 the appellant was sentenced to serve the balance of the period she had been placed on probation which was 34 months. She has filed an appeal against sentence on grounds that she has realized her mistake and is remorseful.
The appeal was opposed because of appellants conduct after she was released on probation and absconded and that by this conduct she does not deserve the court is leniency.
So far the appellant has served about 11/2 years in prison. A balance of 16 months is left. The appellant had pleaded guilty and did not waste courts time. She must have learnt a lesson for this 11/2 years she has been in prison and the court finds that the term served is sufficient.
Accordingly I will allow the appellants appeal and set aside the sentence and replace with the term already served. The court hopes she will be able to go and look after that baby which she had abandoned. The appellant is therefore ordered set free forthwith unless otherwise lawfully held
. Dated, read and delivered at Machakos this……………………..day
of………………………………,2004.
R. WENDOH
JUDGE