[2009] KEHC 484 (KLR)
The court found that the appellant had been incarcerated since 4th April 2002 and that this period constituted sufficient punishment for the offence. The judge exercised discretion to reduce the sentence to a term that would secure the appellant's immediate release, considering the time already served and the...
Source-derived case information.
- Citation
- [2009] KEHC 484 (KLR)
- Parties
- Appellant: James Kamau Kibe; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 274 of 2009
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- sentence reduced to secure immediate release
- Legal Topics
- Robbery With Violence, Sentencing, Appeal Against Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
James Kamau Kibe
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence imposed on the appellant for robbery with violence should be reduced given the period already served.
Ratio Decidendi
The court found that the appellant had been incarcerated since 4th April 2002 and that this period constituted sufficient punishment for the offence. The judge exercised discretion to reduce the sentence to a term that would secure the appellant's immediate release, considering the time already served and the appellant's plea for leniency.
Court Disposition
sentence reduced to secure immediate release
Orders
- The sentence is reduced to a term that secures the appellant's immediate release.
- The appellant shall be released forthwith unless otherwise lawfully held.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAKURU
Criminal Appeal 274 of 2009
(From original conviction and sentence in Criminal Case No.1080 of 2002 of the Chief Magistrate’s court at NAKURU – S. MUKETI, SRM)
JAMES KAMAU KIBE…………………..………APPELLANT
VERSUS
REPUBLIC……………………………………...RESPONDENT
JUDGMENT
JAMES KAMAU KIBE, the appellant, was with two others charged with the offence of robbery with violence contrary to Section 296(1) of the Penal Code. They were in the alternative charged with handling stolen property contrary to Section 322(2) of the Penal Code. He pleaded not guilty but after trial before the Senior Resident Magistrate at Nakuru he was convicted of the main count and sentenced to seven years imprisonment. He has appealed against both the conviction and sentence.
When his appeal came up for hearing before me on 24th November 2009, the appellant abandoned the appeal against conviction and submitted that having been incarcerated since 2003 he has learnt his lesson and pleaded for the reduction of his sentence. Mr. Gumo for the state left the issue of sentence to me.
I have considered the submissions by the appellant. It is true that he has been incarcerated since 4th April 2002 when he was arrested. I think he has had enough punishment. In the circumstances I reduce the sentence to such a term as will secure his immediate release. The appellant shall therefore be released forthwith unless otherwise lawfully held.
DATED and delivered at Nakuru this 25th day of November, 2009.
D. K. MARAGA
JUDGE.