[2013] KEHC 1114 (KLR)
The court found that the conviction was based on sufficient evidence and correct legal principles. However, since the appellant had served most of his sentence and only about 90 days remained, and the State did not oppose the appeal on sentence, the court exercised its discretion to reduce the sentence to the period...
Source-derived case information.
- Citation
- [2013] KEHC 1114 (KLR)
- Parties
- Appellant: John Nyaga Ngari; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 98 of 2012
- Procedural Posture
- Criminal Appeal / Judgment on Appeal Against Sentence
- Outcome
- appeal on sentence allowed; sentence reduced to period served
- Judges
- HI Ong'udi
- Legal Topics
- Arson, Sentencing Principles, Appeal on Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Nyaga Ngari
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Legal Issues
- 1 Whether the sentence imposed on the appellant for the offence of arson was lawful and appropriate.
- 2 Whether the sentence should be reduced considering the period already served.
Ratio Decidendi
The court found that the conviction was based on sufficient evidence and correct legal principles. However, since the appellant had served most of his sentence and only about 90 days remained, and the State did not oppose the appeal on sentence, the court exercised its discretion to reduce the sentence to the period already served. The appeal on sentence was therefore allowed, and the appellant was ordered to be released unless otherwise lawfully held.
Court Disposition
appeal on sentence allowed; sentence reduced to period served
Orders
- The sentence is reduced to the period already served.
- The appellant shall be released unless otherwise lawfully held under a separate warrant.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT EMBU
CRIMINAL APPEAL NO. 98 OF 2012
JOHN NYAGA NGARI.......................................................................APPELLANT
VERSUS
REPUBLIC.......................................................................................PROSECUTOR
From Original conviction and sentence in criminal Case No. 246 of 2010 at the Principle Magistrate's Court at Siakago by Hon. S.M. MOKUA- PM on 26/5/2011
J U D G M E N T
JOHN NYAGA NGARI was charged of the offence of Arson Contrary to Section 332 (a) of the Penal Code. He pleaded not guilty to the charge and the case proceeded to full hearing. He was finally convicted on 26/5/2011 and sentenced to four (4) years imprisonment. He cited several grounds of appeal. However when the appeal came for hearing today (16/10/2013) he abandoned his appeal on conviction and only pursued the the one on sentence.
Ms Ingahizu Law State Counsel submitted that the conviction and sentence were lawful but she did not oppose the appeal against sentence.
I have read through the record and I am satisfied that the appellant was convicted on correct principles. There was sufficient evidence. He has also abandoned his appeal against conviction. He has served most of the sentence and is left with about 90 days to go. His appeal on sentence is allowed. The sentence is reduced to the period already served.
He will be released unless otherwise lawfully held under a separate warrant.
Delivered, Signed and dated at Embu this 16th day of October 2013
H.I. ONG'UDI
JUDGE
In the presence of:
Miss Ingahizu- State
Appellant – present
Mutero/Kirong- CC