[2010] KEHC 4016 (KLR)
The court found that although the appellant had a poor record in his community, his status as a widower with five children who would be left destitute justified a reduction in sentence. The court exercised its discretion to reduce the sentence from six years to three years imprisonment on each limb of the offence,...
Source-derived case information.
- Citation
- [2010] KEHC 4016 (KLR)
- Parties
- Appellant: James Wachira Gathoni; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 260 of 2009
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- sentence reduced
- Legal Topics
- Sentencing, Burglary, Stealing, Handling Stolen Property
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
James Wachira Gathoni
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence imposed by the trial court was excessive in the circumstances.
- 2 Whether the appellant's personal circumstances warranted a reduction of sentence.
Ratio Decidendi
The court found that although the appellant had a poor record in his community, his status as a widower with five children who would be left destitute justified a reduction in sentence. The court exercised its discretion to reduce the sentence from six years to three years imprisonment on each limb of the offence, with the sentences to run concurrently, balancing the need for punishment with the appellant's personal circumstances.
Court Disposition
sentence reduced
Orders
- The sentences are reduced to three years imprisonment on each limb of the offence.
- The sentences shall run concurrently.
Full Case Text
Judgment text and source record
11 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAKURU Criminal Appeal 260 of 2009
JAMES WACHIRA GATHONI……………..…..APPELLANT
VERSUS
REPUBLIC…….………………………….……RESPONDENT
JUDGMENT
This is an appeal against sentence. JAMES WACHIRA GATHONI, the appellant was charged with burglary contrary to Section 304(2) and stealing contrary to Section 279(b) of the Penal Code. He was in the alternative charged with handling stolen property contrary to Section 322(2) of the Penal Code. He pleaded guilty to the main charge and the trial court was upon convicting him minded on placing him on probation but the report on him was that he is a notorious criminal. It in the circumstances he was sentenced him to 6 years imprisonment on each limb of the offence. The court directed that the sentences do run concurrently. He has appealed against those sentences.
In his submissions before me the appellant stated that he is a widower with 5 children who have now been left with nobody to take care of them. Mr. Gumo for the state left the issue of sentence to me.
I have considered the matter. Though the appellant does not post a good record in his community, being a widower with 5 children who are now left destitute I reduce the sentences to three years imprisonment on each limb of the offence and direct that the same shall run concurrently.
DATED and delivered this 27th day of January, 2010.
D. K. MARAGA
JUDGE.