[2018] KEHC 2992 (KLR)
The court found that the sentence of four years imprisonment for the offence of grievous harm was lenient given the seriousness of the injuries inflicted and the maximum penalty prescribed by law. The fact that the appellant was a first offender and pleaded guilty was considered, but did not warrant interference...
Source-derived case information.
- Citation
- [2018] KEHC 2992 (KLR)
- Parties
- Appellant: Joseph Kinyua Kaunga; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 8 of 2017
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed
- Judges
- DW Mbuteti
- Legal Topics
- Sentencing, Grievous Harm, Penal Code Section 234
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Kinyua Kaunga
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence of four years imprisonment for grievous harm was excessive or warranted interference by the appellate court.
Ratio Decidendi
The court found that the sentence of four years imprisonment for the offence of grievous harm was lenient given the seriousness of the injuries inflicted and the maximum penalty prescribed by law. The fact that the appellant was a first offender and pleaded guilty was considered, but did not warrant interference with the sentence. The court concluded that there was no basis to disturb the sentence imposed by the trial court and dismissed the appeal as lacking merit.
Court Disposition
appeal dismissed
Orders
- The appeal is dismissed.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYAAT NANYUKI
CRIMINAL APPEAL NO 8 OF 2017
JOSEPH KINYUA KAUNGA............................APPELLANT
VERSUS
REPUBLIC.......................................................RESPONDENT
(Appeal from original sentence dated 5/10/2016 in NanyukiCM Criminal Case No 222 of 2016 – W J Gichimu, PM)
J U D G M E N T
1. The Appellant, Joseph Kinyua Kaunga, was convicted of grievous harmcontrary to section 234 of the Penal Codeand sentenced on 05/10/2016 to four (4) years imprisonment. He has appealed against the sentence only.
2. Trial of the Appellant commenced and three prosecution witnesses (including the complainant and the clinical officer) testified before he pleaded guilty to the offence.
3. The Appellant attacked his own younger sister with a panga and inflicted upon her serious injuries which saw her admitted to hospital for a week. He attacked her because she had cautioned the family land which he wanted to sell to the detriment of the rest of the family.
4. Although the Appellant was a first offender who pleaded guilty (albeit at the last moment), it is to be noted that grievous harm carries a maximum sentence of life imprisonment. The Appellant received only 4 years. Considering the injuries suffered by the complainant, and notwithstanding that the trial court did not specifically take into account the eight (8) months that the Appellant was in custody during his trial, he clearly got a very lenient sentence. He should consider himself lucky.
5. I find no reason at all to interfere with the sentence meted out to the Appellant. This appeal has no merit at all and it is hereby dismissed. It is so ordered.
DATED AND SIGNED AT NANYUKI THIS 23RD DAY OF OCTOBER 2018
H P G WAWERU
JUDGE
DELIVERED AT NANYUKI THIS 25TH DAY OF OCTOBER 2018