[2016] KEHC 4133 (KLR)
The court found that the sentence of 25 years imprisonment imposed on the appellant was manifestly excessive, especially considering that his co-accused, who inflicted more serious injuries, were sentenced to only three years probation. The disparity in sentencing was unjustified. The court exercised its appellate...
Source-derived case information.
- Citation
- [2016] KEHC 4133 (KLR)
- Parties
- Appellant: John Muturi Gathii; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Murang'a
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 56 of 2015
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- sentence varied; appeal on sentence allowed in part
- Judges
- KW Kiarie
- Legal Topics
- Sentencing Principles, Grievous Harm, Appeal on Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Muturi Gathii
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence of 25 years imprisonment imposed on the appellant for grievous harm was excessive in the circumstances.
- 2 Whether the sentence should be substituted with a lesser sentence given the disparity with co-accused.
Ratio Decidendi
The court found that the sentence of 25 years imprisonment imposed on the appellant was manifestly excessive, especially considering that his co-accused, who inflicted more serious injuries, were sentenced to only three years probation. The disparity in sentencing was unjustified. The court exercised its appellate jurisdiction to interfere with the sentence, setting aside the original sentence and substituting it with a sentence of three years imprisonment from the date of the original sentence. The appeal on sentence was allowed to that extent.
Court Disposition
sentence varied; appeal on sentence allowed in part
Orders
- The sentence of 25 years imprisonment is set aside.
- The appellant is sentenced to three years imprisonment from the date of the original sentence by the trial court.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MURANG'A
CRIMINAL APPEAL NO.56 OF 2015
JOHN MUTURI GATHII............................................APPELLANT
VERSUS
REPUBLIC.............................................................RESPONDENT
(From the original conviction and sentence in Criminal Case No.352 of 2014 of the Principal
Magistrate’s Court at Kandara by Hon. C. Kithinji – Ag. Senior Resident Magistrate)
JUDGMENT
The appellant,JOHN MUTURI GATHII, was convicted of the offence of grievous harm contrary to section 234 of the Penal Code.
The particulars of the offence were that on 14th August 2014 at Rukira village, Kandara District of Murang'a County, jointly with others did grievous harm to Michael Mburu Gathii.
He was sentenced to 25 years imprisonment. He now appeals against both conviction and sentence.
The appellant was represented by Mr. John Gacheru, learned counsel. He raised six grounds of appeal but at the time of hearing of this appeal, he applied to abandon all the grounds on conviction and addressed the one on sentence only.
The state conceded to the appeal on sentence through Mr. Njeru, the learned counsel.
I have perused the evidence on record and I find that in the circumstances of this case the sentence was excessive. His co accused were sentenced to three years probation yet they were the ones who inflicted the more serious injuries on the complainant.
I set aside the sentence of the learned trial magistrate and substitute it with a sentence of three years imprisonment from the date he was sentenced by the trial court. His appeal on sentence succeed to that extent.
DATED at MURANG'A this 19th day of July 2016
KIARIE WAWERU KIARIE
JUDGE