[2010] KEHC 2266 (KLR)
The court found that the sentences imposed by the lower court—four years for arson and one year each for two counts of malicious damage to property, to run concurrently—were lenient given the statutory maximums. The appellant's plea for leniency, based on personal and family circumstances, did not warrant...
Source-derived case information.
- Citation
- [2010] KEHC 2266 (KLR)
- Parties
- Appellant: James Sirgoi Kirong; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Bungoma
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 74 of 2008
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed; sentences confirmed
- Judges
- FN Muchemi
- Legal Topics
- Arson, Malicious Damage to Property, Sentencing, Penal Code Offences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
James Sirgoi Kirong
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentences imposed for arson and malicious damage to property were excessive or warranted interference on appeal.
- 2 Whether the appellant's plea for leniency and personal circumstances justified reduction of sentence.
Ratio Decidendi
The court found that the sentences imposed by the lower court—four years for arson and one year each for two counts of malicious damage to property, to run concurrently—were lenient given the statutory maximums. The appellant's plea for leniency, based on personal and family circumstances, did not warrant interference with the sentences, especially as the appellant did not challenge the legality or proportionality of the sentences. The appeal was therefore dismissed and the sentences confirmed.
Court Disposition
appeal dismissed; sentences confirmed
Orders
- The appeal is dismissed.
- The sentences in the three counts are confirmed.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT BUNGOMA Criminal Appeal 74 of 2008
JAMES SIRGOI KIRONG.................................................................APPELLANT
~VRS~
REPUBLIC......................................................................................RESPONDENT
JUDGMENT
The Appellant James Sirgoi Kirong was convicted of three offences being one count of arson contrary to section 332 of the Penal Code and two counts of malicious damage to property contrary to section 339 (1) of the Penal Code. He was sentenced to imprisonment for four (4) years, one year and one year respectively. The sentences were to run concurrently. The appeal is against sentence only.
In his petition, the Appellant does not say that the sentence is harsh or excessive. His only plea is that he is remorseful and that the complainants have now agreed that the Appellant can be released because his siblings are suffering without him. This is information the court cannot confirm. The Appellant continues to state that he has now learnt a lesson having spent more than one year in prison. He claims his parents died and that he has eight (8) children who depend on him.
The appeal was opposed by the state on grounds that the maximum sentence for arson under section 332 is life imprisonment and for malicious damage to property under section 339 (1) is ten (10) years imprisonment. The sentences imposed were therefore reasonable.
The Appellant is only pleading for leniency giving a host of reasons why he should be released. I agree with the state that the Appellant was accorded very lenient sentences by the lower court. I find that this appeal has no merit. The sentences in the three (3) counts are hereby confirmed.
F. N. MUCHEMI
JUDGE
Judgment dated and delivered on the 13th day of July, 2010 in the presence of the Appellant and the State Counsel Mrs. Leting.
F. N. MUCHEMI
JUDGE