[2010] KEHC 2751 (KLR)
The court found that the plea of guilty was properly taken, with the appellant understanding the charge and admitting the facts after interpretation. There was no ambiguity or equivocation in the plea process. Regarding sentence, the court held that the appellant inflicted severe injuries on his own child and showed...
Source-derived case information.
- Citation
- [2010] KEHC 2751 (KLR)
- Parties
- Appellant: Joseph Oseko Nyamao; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 152 of 2009
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Plea of Guilty, Sentence Appeal, Assault Causing Actual Bodily Harm
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Oseko Nyamao
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the plea of guilty was unequivocal.
- 2 Whether the sentence imposed was excessive.
Ratio Decidendi
The court found that the plea of guilty was properly taken, with the appellant understanding the charge and admitting the facts after interpretation. There was no ambiguity or equivocation in the plea process. Regarding sentence, the court held that the appellant inflicted severe injuries on his own child and showed no remorse. The sentence of 5 years imprisonment was not excessive in the circumstances. Therefore, there was no basis to interfere with either the conviction or the sentence imposed by the trial court.
Court Disposition
appeal dismissed
Orders
- The appeal is dismissed in its entirety.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KISII
Criminal Appeal 152 of 2009
JOSEPH OSEKO NYAMAO ….…………....……………… APPELLANT
VERSUS
REPUBLIC ………….……………………………………. RESPONDENT
JUDGMENT
The appellant was convicted on his own plea of guilty on a charge of assault causing actual bodily harm contrary tosection 251of thePenal Code. He was sentenced to imprisonment for a term of 5 years. He appealed against the conviction and sentence. He stated that the plea of guilty was not unequivocal and that the sentence was excessive.
The record shows that the plea was properly taken. The language of the court was English and there was interpretation to Ekegusii. The facts of the case were read out after entry of the plea of guilty. The appellant admitted that the facts were correct. In the circumstances, it cannot be said that the plea was not unequivocal.
As regards the sentence, the appellant deliberately inflicted very severe injuries upon his own child. He did not demonstrate any remorse. The sentence that was handed down by the trial court is not excessive. Consequently, this appeal is dismissed in its entirety.
DATED, SIGNED AND DELIVERED AT KISII THIS 18TH DAY OF MARCH, 2010.
D. MUSINGA
JUDGE.
18/3/2010
Before D. Musinga, J.
Mobisa – cc
N/A for the Respondent
Mr. Sagwe for Mr. Ombachi for the Appellant
Court:Judgment delivered in open court on 18th March, 2010.
D. MUSINGA
JUDGE.