[2007] KEHC 3456 (KLR)
The court found that while the offence was serious and the original sentence of 10 years was not excessive per se, the interests of justice required consideration of the appellant's remorse and the welfare of his four children. The court determined that a reduced sentence would better serve the interests of the...
Source-derived case information.
- Citation
- [2007] KEHC 3456 (KLR)
- Parties
- Appellant: Josphat Wandera; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 36 of 2006
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- sentence reduced
- Legal Topics
- Grievous Harm, Sentencing, Domestic Violence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Josphat Wandera
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence of 10 years imprisonment for grievous harm was excessive in the circumstances.
- 2 Whether the appellant's remorse and family circumstances warranted a reduction of sentence.
Ratio Decidendi
The court found that while the offence was serious and the original sentence of 10 years was not excessive per se, the interests of justice required consideration of the appellant's remorse and the welfare of his four children. The court determined that a reduced sentence would better serve the interests of the family, particularly the children, without undermining the seriousness of the offence. Accordingly, the sentence was set aside and substituted with a term of 5 years imprisonment from the date of conviction.
Court Disposition
sentence reduced
Orders
- The sentence of 10 years imprisonment is set aside and substituted with 5 years imprisonment from the date of conviction.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
INTHE HIGH COURT OF KENYA
AT ELDORET
Criminal Appeal 36 of 2006
JOSPHAT WANDERA………………………………….APPELLANT
=VERSUS=
REPUBLIC…………………………………………….RESPONDENT
JUDGMENT
This is an appeal against sentence. The Appellant was convicted for the offence of grievous harm contrary to section 234 of the Penal Code. He attacked his wife with a screw driver and raptured her eye-ball. She lost her eye and sight. Accused was sentenced for 10 years imprisonment. This was a brutal attack by the accused on his wife.
It is noted that the accused and the Complainant had been drinking when the assault took place after a quarrel. It is noted that the appellant and the wife are still married and have 4 children together.
Taking into all circumstances, I think that the sentence of 10 years while not excessive will not be for ultimate benefit of the children. I think that the Appellant is remorseful and may go back to his family to be of use to the children.
I hereby set aside the sentence of 10 years and substitute it with 5 years imprisonment from the date of conviction. Orders accordingly.
DATED AT ELDORET THIS 19TH DAY OF NOVEMBER 2007
M.K. IBRAHIM,
JUDGE.