[1987] KEHC 28 (KLR)
The court found that the appellant's plea of guilty was unequivocal and the conviction was proper. However, the sentence of 24 months imprisonment plus six strokes of the cane and a compensation order of Kshs 5,000 was deemed excessive. The judge held that there was no evidence to support the compensation order as...
Source-derived case information.
- Citation
- [1987] KEHC 28 (KLR)
- Parties
- Appellant: Kiilu; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 329 of 1986
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal_partially_allowed
- Judges
- ENA Torgbor
- Legal Topics
- Assault Ocassioning Actual Bodily Harm, Sentencing, Plea of Guilty
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kiilu
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the appellant's plea of guilty was unequivocal and justified the conviction.
- 2 Whether the sentence imposed was excessive in the circumstances.
- 3 Whether the order for compensation was supported by evidence.
Ratio Decidendi
The court found that the appellant's plea of guilty was unequivocal and the conviction was proper. However, the sentence of 24 months imprisonment plus six strokes of the cane and a compensation order of Kshs 5,000 was deemed excessive. The judge held that there was no evidence to support the compensation order as there was no proof of medical expenses incurred by the complainant. Consequently, the sentence was reduced to six months imprisonment plus six strokes of the cane, and the compensation order was quashed.
Court Disposition
appeal_partially_allowed
Orders
- Sentence of 24 months imprisonment set aside and substituted with six months imprisonment plus six strokes of the cane.
- Order for compensation of Kshs 5,000 quashed.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MACHAKOS
CRIMINAL APPEAL NO 329 OF 1986
KIILU………………..…….APPELLANT
V
REPUBLIC……………RESPONDENT
JUDGMENT.
The appellant was convicted for assault occasioning actual bodily harm and sentenced to 24 months imprisonment, plus 6 strokes of the cane and to pay the complainant Kshs 5,000 compensation.
The appellant pleaded guilty to the charge and I am satisfied on the record that the plea was unequivocal and that the conviction was proper. Sentence however is severe and it is set aside and substituted by a term of imprisonment for six months plus six strokes of the cane. The order of compensation of Ksh 5,000 is also quashed as there is no evidence that the complainant incurred any medical expenses.
December 7 ,1987
TORGBOR
JUDGE