[2002] KEHC 565 (KLR)
The court found that the appellant had already served a substantial period in remand (2 years and 4 months) prior to the conclusion of the trial and had continued to serve the sentence since 18-4-2001. Given the simplicity of the case and the time already served, the court determined that the punishment was...
Source-derived case information.
- Citation
- [2002] KEHC 565 (KLR)
- Parties
- Appellant: Kariuki Njoroge; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 550 of 2001
- Procedural Posture
- Criminal Appeal / Order on Revision
- Outcome
- Appeal against conviction summarily rejected; sentence revised.
- Legal Topics
- Handling Stolen Property, Sentencing, Revision of Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kariuki Njoroge
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Order on Revision
Legal Issues
- 1 Whether the appellant's sentence for handling stolen property was excessive given the period already served in remand.
- 2 Whether the order for corporal punishment (strokes) should be set aside.
Ratio Decidendi
The court found that the appellant had already served a substantial period in remand (2 years and 4 months) prior to the conclusion of the trial and had continued to serve the sentence since 18-4-2001. Given the simplicity of the case and the time already served, the court determined that the punishment was sufficient for the offence of handling stolen property. Consequently, the court reduced the prison sentence to the period already served and set aside the order for corporal punishment (strokes), ordering the appellant's immediate release.
Court Disposition
Appeal against conviction summarily rejected; sentence revised.
Orders
- Prison sentence reduced to period served.
- Order for strokes set aside.
Full Case Text
Judgment text and source record
7 paragraphs
IN THE HIGH COURT OF KENYA AT NAIROBI CRIMINAL DIVISION CRIMINAL APPEAL NO.550 OF 2001 (From Original Conviction and Sentence in Criminal Case No.8 of 1999 of the Senior Resident Magistrate’s Court at Kikuyu).
KARIUKI NJOROGE…………………………….……..APPELLANT VERSUS REPUBLIC…………………………………….….….RESPONDENT ORDER ON REVISION
The appeal against the conviction is summarily rejected.
The appellant was convicted of handling stolen property, viz., two radio cassettes, contrary to section 322(2), P.C. He was in remand for 2 years and 4 months before the trial so simple as this ended. He had so simple as this ended. He had no P.C. He is serving the sentence since 18-4-2001. He has had his punishment by now for the offence.
I reduce the prison sentence to a period served and set aside the order for strokes. The appellant be released forthwith.
Dated and delivered at Nairobi this 15th day of March, 2002.
V.V. PATEL JUDGE