[2019] KEHC 85 (KLR)
The court found that the appellant failed to demonstrate any error by the sentencing court in imposing a twenty-year sentence for robbery with violence. The sentencing court had considered the circumstances of the offence and the appellant's mitigation. The sentence was deemed appropriate and proportionate to the...
Source-derived case information.
- Citation
- [2019] KEHC 85 (KLR)
- Parties
- Appellant: James Nkongo Saimo alias Mwita; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Migori
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 7 of 2017
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed
- Judges
- AC Mrima
- Legal Topics
- Robbery With Violence, Sentencing, Penal Code Section 296 2
- 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
James Nkongo Saimo alias Mwita
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence imposed for robbery with violence was excessive or erroneous.
- 2 Whether the sentencing court considered all relevant factors and mitigations.
Ratio Decidendi
The court found that the appellant failed to demonstrate any error by the sentencing court in imposing a twenty-year sentence for robbery with violence. The sentencing court had considered the circumstances of the offence and the appellant's mitigation. The sentence was deemed appropriate and proportionate to the gravity of the offence and the manner in which it was committed, including the use of an AK 47 rifle and the serious injury to the victim. Consequently, the appeal against sentence was found to be unmerited and was dismissed.
Court Disposition
appeal dismissed
Orders
- The appeal on sentence is disallowed.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MIGORI
CRIMINAL APPEAL NO. 7 OF 2017
JAMES NKONGO SAIMO alias MWITA..................................APPELLANT
VERSUS
REPUBLIC...................................................................................RESPONDENT
JUDGMENT
I have considered the appeal on sentence. The appellant was charged with the offence of robbery with violence contrary to Section 296(2) of the Penal Code. He was in company of others and had an AK 47 rifle. The victim was seriously injured in the process.
The sentencing Court considered the circumstances of the case and mitigations as well. A Sentence of twenty (20) years which was to run from the first time the appellant was sentenced was rendered.
Before this Court, the appellant has not demonstrated how the sentencing Court erred in arriving at the sentence. (See Wanjema vs. R). I find the sentence commensurate with the charge and the circumstances under which the offence was committed. To me, the appeal is unmerited. It is hereby disallowed.
Orders accordingly.
DELIVERED, DATED and SIGNED at MIGORI this 07th day of November 2019
A. C. MRIMA
JUDGE