[2021] KEHC 4567 (KLR)
The court held that while the conviction and the statutory minimum sentence of 10 years' imprisonment for attempted defilement were proper and must be affirmed, the period the appellant spent in custody prior to sentencing (6 months and one day) should be factored into the computation of his sentence. The court...
Source-derived case information.
- Citation
- [2021] KEHC 4567 (KLR)
- Parties
- Appellant: Jackson Lelesit; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nyahururu
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 118 of 2017
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- Appeal on sentence partially allowed; sentence to run from date of arrest; conviction and sentence affirmed.
- Judges
- CM Kariuki
- Legal Topics
- Sentencing Principles, Remission of Sentence, Attempted Defilement
- 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
Jackson Lelesit
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence of 10 years' imprisonment for attempted defilement was excessive.
- 2 Whether the period spent in custody prior to sentencing should be factored into the sentence.
Ratio Decidendi
The court held that while the conviction and the statutory minimum sentence of 10 years' imprisonment for attempted defilement were proper and must be affirmed, the period the appellant spent in custody prior to sentencing (6 months and one day) should be factored into the computation of his sentence. The court ordered that the sentence should run from the date of arrest, 02/12/2014, and that remission should be applied, entitling the appellant to immediate release unless otherwise lawfully held.
Court Disposition
Appeal on sentence partially allowed; sentence to run from date of arrest; conviction and sentence affirmed.
Orders
- The conviction is affirmed.
- The sentence of 10 years is affirmed but to run from 02/12/2014.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NYAHURURU
CRIMINAL APPEAL NO. 118 OF 2017
JACKSON LELESIT..................................................................................APPELLANT
-VERSUS-
REPUBLIC................................................................................................RESPONDENT
JUDGMENT
1. The accused was convicted of attempted defilement and sentenced to serve minimum sentence of 10 years as provided by the law under the provisions of SOA no 3 of 2006. He had pleaded guilty to the charges and admitted facts narrated by the prosecution facts which were narrated by the prosecution. Being aggrieved by the said sentence, he lodged instant appeal and his core ground of appeal was that the sentence of 10 years’ imprisonment was excessive thus he sought same to be reduced to enable him go home.
2. He also urged court to factor in the period he was in custody before sentence running from 02/12/2014 to 03/06/2015 – a period of 6 months and one day.
3. While addressing the court, he stated that he has a remission such that he will be released on 20/10/2021. Thus sought the factoring the period of custody before the date of sentence of 6 months and one day to enable him be released forthwith. The Nyahururu GK prisons confirmed to court the same position.
4. The state Counsel did not object to the court adjusting the imprisonment period so as to run from date of arrest 02/12/2014 thus together with remission, the Appellant will be entitled to be released forthwith.
5. Thus the court makes the following orders;
i. The conviction is affirmed.
ii. The sentence of 10 years is affirmed but to run from 02/12/2014.
iii. Thus remission be factored in so that he shall be released forth unless otherwise lawfully held.
DATED, SIGNED AND DELIVERED AT NYAHURURU THIS 30TH DAY OF JULY, 2021
......................................
CHARLES KARIUKI
JUDGE