[2018] KEHC 5743 (KLR)
The court found that the applicant, having been convicted of causing grievous harm, was sentenced to four years' imprisonment, which is significantly below the maximum penalty of life imprisonment prescribed by law. The court considered the applicant's prior conviction and problematic conduct in the community, as...
Source-derived case information.
- Citation
- [2018] KEHC 5743 (KLR)
- Parties
- Applicant: John Kipruto Tum; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 3 of 2016
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Review of Sentence
- Outcome
- application for review of sentence dismissed
- Judges
- EM Ngugi
- Legal Topics
- Attempted Murder, Sentence Review, Grievous Harm, Penal Code Interpretation
- 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
John Kipruto Tum
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Review of Sentence
Legal Issues
- 1 Whether the applicant's sentence for causing grievous harm should be reviewed.
- 2 Whether the sentence imposed by the trial court was appropriate given the circumstances.
Ratio Decidendi
The court found that the applicant, having been convicted of causing grievous harm, was sentenced to four years' imprisonment, which is significantly below the maximum penalty of life imprisonment prescribed by law. The court considered the applicant's prior conviction and problematic conduct in the community, as indicated in the social inquiry report. The judge concluded that the sentence imposed by the trial court was not excessive or unjust and, in fact, was lenient given the gravity of the offence. Therefore, there was no justification to review or reduce the sentence, and the application for review was dismissed.
Court Disposition
application for review of sentence dismissed
Orders
- The application for review of sentence is dismissed.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KERICHO
MISC. CRIMINAL APPL. NO.3 OF 2016
JOHN KIPRUTO TUM....................................APPLICANT
VERSUS
REPUBLIC....................................................RESPONDENT
(From the original conviction and sentence in original Cr. Case No. 3378 of 2014 dated 1st July 2015 (Hon. J Ndururi (PM))
RULING
1. The applicant was charged with the offence of attempted murder contrary to section 220 (a) of the Penal Code. The particulars of the offence are that on the 6th day of December 2014 at Mentera Village of Kipkelion district within Kericho County, attempted unlawfully to cause the death of Reuben Kipkorir by stabbing him with a knife. He was tried before the Chief Magistrate’s Court and was convicted as charged. He was sentenced to 4 years’ imprisonment.
2. The applicant filed the present appeal against his conviction and sentence. The appeal appears to have been erroneously registered as a miscellaneous criminal application.
3. However, when the appeal came up before me on 14th June 2018, he informed the court that he wished to abandon his appeal, and to ask the court to consider his application for review of his sentence.
4. Section 220 of the Penal Code provides that any person who unlawfully attempts to cause the death of another is liable, upon conviction, to imprisonment for file. In this case, the accused was found to have been guilty of the lesser offence of causing grievous harm contrary to section 234 of the Penal Code. The offence of causing grievous harm carries a maximum sentence of life imprisonment. The social inquiry report on the applicant indicates that he had a prior conviction in which he was sentenced to community service, and is problematic in the community.
5. Taking the facts of this case into consideration and the provisions of law with respect to the sentence for causing grievous harm, I am not satisfied that the sentence of the trial court should be reviewed. In my view, it was actually too lenient. The application for review is accordingly dismissed.
Dated Delivered and Signed at Kericho this 29th day of June 2018.
MUMBI NGUGI
JUDGE