[2011] KEHC 2504 (KLR)
The court found that the appellant had pleaded guilty, provided mitigation, and had paid the complainant the agreed compensation of Kshs 2,000. Although this settlement was not brought to the attention of the trial court, the appellate court considered it significant. The judge held that, in the circumstances, a...
Source-derived case information.
- Citation
- [2011] KEHC 2504 (KLR)
- Parties
- Appellant: Kennedy Agengo Oduori; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Busia
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 02 of 2009
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- sentence reduced; appellant released
- Legal Topics
- Grievous Harm, Sentencing, Plea of Guilty, Mitigation, Compensation, Sentence Reduction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kennedy Agengo Oduori
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence imposed on the appellant was excessive in light of the circumstances and the parties' settlement.
- 2 Whether the payment of compensation to the complainant should have influenced the sentence.
Ratio Decidendi
The court found that the appellant had pleaded guilty, provided mitigation, and had paid the complainant the agreed compensation of Kshs 2,000. Although this settlement was not brought to the attention of the trial court, the appellate court considered it significant. The judge held that, in the circumstances, a total sentence of three years would have been appropriate. Given that the appellant had already served 2 ½ years and was entitled to remission, the court ordered his immediate release. The reduction of sentence was justified by the combination of the guilty plea, mitigation, and compensation paid to the complainant.
Court Disposition
sentence reduced; appellant released
Orders
- The appellant's sentence is reduced to three years imprisonment.
- The payment of Kshs 2,000 compensation to the complainant is acknowledged.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT BUSIA
CRIMINAL APPEAL NO. 02 OF 2009
KENNEDY AGENGO ODUORI.................................................APPELLANT
=VERSUS=
REPUBLIC...............................................................................RESPONDENT
7. 6.11
Before:Onyancha, J.
Mutai – court clerk
Okeyo for Respondent
Appellant in person, present
Appellant: The court wanted to talk to complainant but has not done so.
D.A. ONYANCHA
JUDGE.
J U D G E M E N T
The appellant attacked the complainant during a drinking spree on the 1st day of January 2009. They were apparently both drunk. The injuries the appellant caused on the complainant amounted to grievous harm.
There is an indication that the parties agreed to settle the matter by appellant paying the complainant a sum of Kshs2,000/= which, however, was not brought to the attention of the trial magistrate as agreed between the parties.
It is possible to argue that had this arrangement been brought to the attention of the court, the same may have influenced the court to give a lesser sentence. However, it was not so brought to the notice of the court and the court sentenced appellant to 5 years imprisonment. Appellant had pleaded guilty and given mitigation. He has so far served 2 ½ years in prison and claims he had paid the complainant the agreed Kshs2000/=.
I have considered all these facts and have formed the opinion that in the circumstances a total sentence of three years (3) would have served the case properly.
I accordingly reduce the total sentence to 3 years imprisonment and payment of 2000/= compensation already received by the complainant. Appellant having served 2 ½ years in prison, he is entitled to a release from prison taking into account the remission of 1/3 of the 3 years.
I order that he be released forthwith. Orders accordingly. Dated this 7th day of June 2011.
D.A. ONYANCHA
JUDGE.