[2002] KEHC 370 (KLR)
The court found that the appellant's previous convictions were too old to be considered in aggravation and that the period spent in remand should be taken into account. Consequently, the sentences on each count were reduced to four years and three months imprisonment to run concurrently, with corporal punishment...
Source-derived case information.
- Citation
- [2002] KEHC 370 (KLR)
- Parties
- Appellant: John Lugongo Maraini; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 772 of 1998
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- sentence varied
- Legal Topics
- Sentencing Principles, Robbery Offences, Concurrent Sentences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Lugongo Maraini
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentences imposed on the appellant for robbery offences were excessive in light of the appellant's circumstances.
- 2 Whether previous convictions should be considered in sentencing when they are very old.
- 3 Whether the period spent in remand should be taken into account in sentencing.
Ratio Decidendi
The court found that the appellant's previous convictions were too old to be considered in aggravation and that the period spent in remand should be taken into account. Consequently, the sentences on each count were reduced to four years and three months imprisonment to run concurrently, with corporal punishment (one stroke) imposed only on counts 1, 2, 3, 6, and 8, and set aside for counts 4 and 9. The court emphasized the need for proportionality and fairness in sentencing, especially where the accused has already spent significant time in remand and has no recent criminal history.
Court Disposition
sentence varied
Orders
- The sentence on each count is reduced to 4 years and 3 months imprisonment to run concurrently.
- One stroke of the cane is imposed on each of counts 1, 2, 3, 6, and 8.
Full Case Text
Judgment text and source record
15 paragraphs
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL DIVISION
CRIMINAL APPEAL NO.772 OF 1998
(From Original Conviction and Sentence in Criminal Case No.661 of 1997
of the Principal Magistrate’s Court at Kiambu).
JOHN LUGONGO MARAINI……………………………….APPELLANT
VERSUS
REPUBLIC………………………………………………...RESPONDENT
J U D G M E N T
The appeal is only against the sentences passed on each count the appellant was convicted. The appellants previous conviction were very old and they be ignored. He was in remand for about one year and 4 months.
There is no remission for robbery sentences.
Order:
The sentence on each count is reduced to 4 years and 3 months imprisonment to run concurrently plus one stroke on each of the count nos.1,2,3,6 and 8. The strokes on count Nos.4 and 9 are set aside.
Dated and delivered at Nairobi this 26th February, 2002.
V.V. PATEL JUDGE