[2006] KEHC 1699 (KLR)
The court found that the sentence of two years imprisonment for the offence of creating a disturbance likely to cause a breach of peace was harsh and excessive in the circumstances, especially since the appellant pleaded guilty and had already served eight months. The State agreed with this assessment. The court...
Source-derived case information.
- Citation
- [2006] KEHC 1699 (KLR)
- Parties
- Appellant: Josphat Kyalo Muasya; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 38 of 2006
- Procedural Posture
- Criminal Appeal / Appeal Against Sentence
- Outcome
- appeal allowed in part; sentence reduced
- Legal Topics
- Sentencing, Plea of Guilty, Breach of Peace, Sentence Reduction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Josphat Kyalo Muasya
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Legal Issues
- 1 Whether the sentence of two years imprisonment for creating a disturbance likely to cause a breach of peace was harsh and excessive in the circumstances.
- 2 Whether the sentence should be revised and reduced given the appellant's plea of guilty and the State's concurrence.
Ratio Decidendi
The court found that the sentence of two years imprisonment for the offence of creating a disturbance likely to cause a breach of peace was harsh and excessive in the circumstances, especially since the appellant pleaded guilty and had already served eight months. The State agreed with this assessment. The court exercised its discretion to revise the sentence, holding that the period already served was sufficient punishment. Accordingly, the sentence was reduced to eight months, and the appellant was ordered to be released unless otherwise lawfully held.
Court Disposition
appeal allowed in part; sentence reduced
Orders
- The sentence of two years is hereby reduced to 8 months jail sentence.
- Appellant to be released from jail forthwith unless otherwise lawfully therein held.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MACHAKOS
Criminal Appeal 38 of 2006
(From Original Conviction and Sentence in Criminal case No. 439 of 2005 of the Resident
Magistrate’s Court at Kilungu).
.JOSPHAT KYALO MUASYA………….............................…………………….APPELLANT
VERSUS.
REPUBLIC……………………………..........................………………..…....RESPONDEN
T
26. 6.2006.
Coram
D.A. Onyancha, J
Applicant – Appellant
Principal /Counsel for respondent- O’mirera
CC-Mueni
JUDGEMENT
Appellant was convicted upon his own plea of guilty to creating a disturbance in a manner likely to cause a breach of peace. He was sentenced to jail for two years. He appeals against sentence only. The state does not oppose the court revising the sentence to make lighter. I have considered the facts of the case. I am persuaded that the sentence is harsh and excessive in the circumstances. Since Mr. Omirera for the state agrees with this sentiment the appellant’s sentence should be reduced. The sentence has been served up to 8 months. It is the view of the court that the 8 months he has served, is enough.
ORDER
1. The sentence of two years is hereby reduced to 8 months jail sentence.
2. Appellant to be released from jail forthwith unless otherwise lawfully therein held. It is so ordered.
D.A.ONYANCHA
JUDGE
26. 6.06