[2015] KEHC 5328 (KLR)
The court found that the sentence imposed on the applicant was legal, correct, and proper, and that forgiveness by the complainant does not mitigate the seriousness of the offence. However, after considering all circumstances, the court exercised its discretion to reduce the sentence from three years to two years'...
Source-derived case information.
- Citation
- [2015] KEHC 5328 (KLR)
- Parties
- Applicant: Joseph Mwangi Kinyua; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kerugoya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 8 of 2014
- Procedural Posture
- Criminal Revision / Revision Determination
- Outcome
- Sentence reduced from three years to two years' imprisonment.
- Judges
- BB Limo
- Legal Topics
- Sentence Revision, Mitigation, Forgiveness by Complainant
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Mwangi Kinyua
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Revision Determination
Legal Issues
- 1 Whether the sentence imposed on the applicant was legal, correct, and proper.
- 2 Whether forgiveness by the complainant should affect the severity of the sentence.
Ratio Decidendi
The court found that the sentence imposed on the applicant was legal, correct, and proper, and that forgiveness by the complainant does not mitigate the seriousness of the offence. However, after considering all circumstances, the court exercised its discretion to reduce the sentence from three years to two years' imprisonment. The reduction was not based on the complainant's forgiveness but on the court's overall assessment of the case.
Court Disposition
Sentence reduced from three years to two years' imprisonment.
Orders
- The applicant shall serve two years' imprisonment for the offence.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KERUGOYA
CRIMINAL REVISION NO. 8 OF 2014
JOSEPH MWANGI KINYUA ………………………… APPLICANT
VERSUS
REPUBLIC …………………………………………..RESPONDENT
REVISION
I have considered the proceeding file forwarded to me and upon checking the record and the proceedings, I am satisfied that legality, correctness and proprietary of the sentence meted out against the accused/applicant is unchallenged. The applicant is only claiming that he has been forgiven by the complainant but that does not reduce the severity of the offence. However, I am inclined to reduce the sentence from 3 years to 2 years after taking everything into consideration. The applicant shall therefore serve 2 years imprisonment for the offence.
R.K. LIMO
JUDGE
28/4/2015
28/4/2015
Before
Hon. Justice R. Limo
CC – Mbogo
Mr Omayo for State
Convict/Applicant
Interpretation English/Kiswahili
Applicant - present
Omayo for State
REVISION SIGNED AND DELIVERED IN THE OPEN COURT
In the presence of: Accused/Applicant and Omayo for State.
R.K. LIMO
JUDGE
28/4/2015