[2005] KEHC 50 (KLR)
The court found that the sentence of 7 years imprisonment with hard labour for attempted rape and 1 year for assault causing actual bodily harm, to run concurrently, was not harsh or excessive. The appellate court agreed with the State's submission that the sentence was lenient compared to the maximum penalty of...
Source-derived case information.
- Citation
- [2005] KEHC 50 (KLR)
- Parties
- Appellant: John Njathi Njenga; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Malindi
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 7 of 2005
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Sentencing Principles, Attempted Rape, Assault Causing Actual Bodily Harm
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Njathi Njenga
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence imposed for attempted rape and assault causing actual bodily harm was harsh and excessive.
- 2 Whether the trial court failed to consider mitigating factors in sentencing.
Ratio Decidendi
The court found that the sentence of 7 years imprisonment with hard labour for attempted rape and 1 year for assault causing actual bodily harm, to run concurrently, was not harsh or excessive. The appellate court agreed with the State's submission that the sentence was lenient compared to the maximum penalty of life imprisonment for attempted rape. No new grounds were presented to justify interference with the trial court's sentencing discretion. The appeal against sentence was therefore dismissed.
Court Disposition
appeal dismissed
Orders
- The appeal against sentence is dismissed.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MALINDI
CRIMINAL APPEAL 7 OF 2005
(from original conviction and sentence in Criminal Case No.287 OF 2004 RM’S LAMU COURT)
JOHN NJATHI NJENGA…………………………………APPELLANT
VERSUS
REPUBLIC………………………..…………………….RESPONDENT
JUDGMENT
The appellant faced two counts before the lower Court. On the 1st count he was charged with attempted rape contrary to Section 141 of the Penal Code and in the count 2nd he was charged with assault causing actual bodily harm.
He was convicted and sentenced to 7 years imprisonment with hard labour on Count 1 and one year imprisonment on count 2 with an order that the two sentences to run concurrently.
He has appealed against both conviction and sentence.
When the appeal came up for hearing the appellant abandoned his appeals against conviction and argued that the sentence was harsh and excessive and did not take into account his mitigating factors.
The Principal State Counsel supported the sentence and submitted that the sentence was lenient as the maximum sentence for attempted rape is life. With respect, I agree with those submissions. I find no new grounds for me to interfere with the sentence imposed by the trial Court.
The appeal is dismissed Orders accordingly.
Dated and delivered at Malindi this 16th day of September, 2005.
W.OUKO
JUDGE
16. 9.2005
Coram W. Ouko, J.
Mr.Ogoti for state
Applicant in person
Judgment delivered.
W.OUKO
JUDGE