[2020] KEHC 5535 (KLR)
The court found that the appellant had been convicted of being in possession of a firearm and ammunition without the requisite certificates, contrary to the Firearms Act. The minimum sentence prescribed by law is 5 years imprisonment, but the court retains discretion. The court determined that a sentence of 5 years...
Source-derived case information.
- Citation
- [2020] KEHC 5535 (KLR)
- Parties
- Appellant: Jacob Kipnyango Maiyo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 122 of 2017
- Procedural Posture
- Miscellaneous Criminal Application / Sentencing
- Outcome
- Appellant sentenced to 5 years imprisonment on each of Counts 2 and 3, to run concurrently with Count 1.
- Judges
- CM Njagi
- Legal Topics
- Sentencing, Possession of Firearms, Possession of Ammunition
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jacob Kipnyango Maiyo
Appellant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Sentencing
Legal Issues
- 1 Whether the appellant should be sentenced for Counts 2 and 3 after an earlier omission.
- 2 What is the appropriate sentence for possession of a firearm and ammunition without a certificate.
Ratio Decidendi
The court found that the appellant had been convicted of being in possession of a firearm and ammunition without the requisite certificates, contrary to the Firearms Act. The minimum sentence prescribed by law is 5 years imprisonment, but the court retains discretion. The court determined that a sentence of 5 years imprisonment for each of Counts 2 and 3 was appropriate and ordered that all sentences (Counts 1, 2, and 3) run concurrently, thereby correcting the earlier omission and ensuring compliance with statutory requirements.
Court Disposition
Appellant sentenced to 5 years imprisonment on each of Counts 2 and 3, to run concurrently with Count 1.
Orders
- Appellant to serve 5 years imprisonment on Count 2.
- Appellant to serve 5 years imprisonment on Count 3.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KAKAMEGA
MISC. CRIMINAL APPLICATION NO. 122 OF 2017
JACOB KIPNYANGO MAIYO.......PETITIONER
VERSUS
REPUBLIC......................................RESPONDENT
SENTENCE
1. On the 30th May, 2019, this court upheld the conviction of the appellant in Counts 1, 2 and 3. Later on 25/2/2020 the court sentenced the appellant in Count 1 but inadvertently failed to sentence him in Counts 2 and 3. The error has now been brought to the attention of the court.The court will now proceed to sentence the appellant in Counts 2 and 3.
2. In Count 2 the appellant was convicted of being in possession of a firearm namely a pistol, without a firearms certificate contrary to Section 4 (2) of Cap 114 Laws of Kenya.In Count 3 he was convicted of being in possession of 13 rounds of ammunition without a certificate contrary to Section 4 (9) of Cap 114. The minimum sentence for possession of a pistol and ammunition as those found with the appellant is 5 years imprisonment.This however may not be a mandatory sentence.I am of the view that a sentence of 5 years is appropriate for the offences.I thereby sentence the appellant to serve 5 years imprisonment on each of Counts 2 and 3. I further direct that the sentences in Counts 1, 2 and 3 shall run concurrently.
Delivered, dated and signed at Kakamega this 29th day of May, 2020.
J. N. NJAGI
JUDGE
In the presence of:
Mr. Mutua for the prosecution
Appellant – present via video link to G.K. Prison, Kakamega
Court Assistant - Polycap
14 days right of appeal.