[2003] KEHC 387 (KLR)
The court found no sufficient reason to interfere with the custodial sentence imposed by the trial court, as the appellant attacked the complainant without provocation. However, considering the appellant's remorse, the court exercised discretion to reduce the number of strokes of the cane from three to one. The...
Source-derived case information.
- Citation
- [2003] KEHC 387 (KLR)
- Parties
- Appellant: Kibo Jimmy Kitavi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- ? 333 of 2002
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal partially allowed
- Legal Topics
- Sentencing Principles, Grievous Harm, Malicious Damage to Property
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kibo Jimmy Kitavi
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence imposed for causing grievous harm and malicious damage to property should be interfered with on appeal.
- 2 Whether the appellant's remorse and status as sole breadwinner warrant reduction of sentence.
Ratio Decidendi
The court found no sufficient reason to interfere with the custodial sentence imposed by the trial court, as the appellant attacked the complainant without provocation. However, considering the appellant's remorse, the court exercised discretion to reduce the number of strokes of the cane from three to one. The appeal was allowed only to the extent of reducing corporal punishment, with the custodial sentences left intact.
Court Disposition
appeal partially allowed
Orders
- The number of strokes of the cane is reduced from three to one.
- The custodial sentences imposed by the trial court are upheld.
Full Case Text
Judgment text and source record
11 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
CRIMINAL APPEAL NO. 333 OF 2002
(From Original Conviction and Sentence in Criminal Case No.440 of 2002
of the District Magistrate’s Court at Taveta –G.M. Gogwe (D.M.I.)
KIBO JIMMY KITAVI …………………………………….. APPELLANT - VERSUS - REPUBLIC ………………………………………………. RESPONDENT
J U D G E M E N T
The appellant was charged with causing grievous harm contrary to Section 234 of the Penal Code on Count 1. He pleaded Guilty and was sentenced to serve 3 years imprisonment and 3 strokes. He was also charged with malicious Damage to property contrary to Section 339(1) of the Penal Code for which he was convicted and sentenced to one year imprisonment. He has appealed on Sentence alone having abandoned the portion Conviction. His only ground is that he is remorseful and the only family breadwinner.
The Sentence was passed after a plea of not guilty which has not been challenged. The State Counsel opposed the appeal and rightly so and there are no good reasons to warrant the interference with the Sentence. The accused had attacked the complainant for no apparent reason. However since he appears remorseful I will reduce the number of strokes from 3 to 1 stroke of the cane. The appeal shall succeed to that extent only.
Dated and Delivered at Mombasa this 27th March, 2003. P.M. TUTUI COMMISSIONER OF ASSIZE