[2019] KEHC 8436 (KLR)
The court found that the original sentence of 10 years' imprisonment for causing grievous harm was excessive in light of the appellant's guilty plea, first offender status, and remorse. The judge exercised discretion to reduce the sentence to seven years, holding that mitigation must be given due weight even for...
Source-derived case information.
- Citation
- [2019] KEHC 8436 (KLR)
- Parties
- Appellant: Japhet Kimeli Sang; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 21 of 2013
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- sentence reduced
- Judges
- DAS Majanja
- Legal Topics
- Sentencing, Grievous Harm, Plea of Guilty
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Japhet Kimeli Sang
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence of 10 years' imprisonment for causing grievous harm was excessive given the appellant's guilty plea and status as a first offender.
Ratio Decidendi
The court found that the original sentence of 10 years' imprisonment for causing grievous harm was excessive in light of the appellant's guilty plea, first offender status, and remorse. The judge exercised discretion to reduce the sentence to seven years, holding that mitigation must be given due weight even for serious offences. The reduction reflects the principle that punishment should be proportionate and individualized, considering both the gravity of the offence and the circumstances of the offender.
Court Disposition
sentence reduced
Orders
- The sentence of 10 years' imprisonment is set aside and substituted with a sentence of seven (7) years' imprisonment.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT ELDORET
CORAM: D. S. MAJANJA J.
CRIMINAL APPEAL NO. 21 OF 2013
BETWEEN
JAPHETH KIMELI SANG.................................................APPELLANT
AND
REPUBLIC.........................................................................RESPONDENT
(Being an appeal against the original conviction and sentence of Hon. B. Limo, RM dated at 7th February 2013 at the Magistrates Court at Kapsabet in Criminal Case No. 2923 of 2012)
JUDGMENT
1. The appeal is against the sentence only as the appellant, JAPHET KIMELI SANG, pleaded guilty and was convicted of the offence of causing grievous harm contrary to section234 of the Penal Code (Chapter 63of the Laws of Kenya). It was alleged that on 2nd July, 2012 at Kapteldon Village, Kabiagaga Location within Nandi County, he unlawfully assaulted Elizabeth Mwei by boxing her on her face causing her to fall down on her right arm which got fractured thereby occasioning her grievous harm.
2. The appellant was sentenced to 10 years’ imprisonment. Considering that he was a first offender had pleaded guilty and was remorseful, I hereby reduce the sentence to seven (7) years’ imprisonment.
DATED and DELIVERED at ELDORET this 25th day of APRIL 2019.
D.S. MAJANJA
JUDGE
Appellant in person.
Ms Mokua, Prosecution Counsel, instructed by the Director of Public Prosecutions for the respondent.