[1987] KEHC 22 (KLR)

[1987] KEHC 22 (KLR)

The court found that although the conviction for assault under section 251 of the Penal Code was not challenged, the sentence imposed was severe. Upon consideration of the arguments presented by the appellant's counsel, the judge exercised discretion to set aside the original sentence and substitute it with a term...

Source-derived case information.

Citation
[1987] KEHC 22 (KLR)
Parties
Appellant: Kimonyi; Respondent: Republic
Court
High Court
Court Station
High Court at Machakos
Jurisdiction
Kenya
Case Number
Criminal Appeal 49 of 1987
Procedural Posture
Criminal Appeal / Judgment
Outcome
sentence reduced
Judges
ENA Torgbor
Legal Topics
Assault, Sentencing, Misdemeanour Offences
Source Language
en
Criminal Law Assault Sentencing Misdemeanour Offences

Source-derived case record

Summary, issues, holding and outcome

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Parties

Kimonyi

Appellant

Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether the sentence imposed for assault under section 251 of the Penal Code was excessive.

Ratio Decidendi

The court found that although the conviction for assault under section 251 of the Penal Code was not challenged, the sentence imposed was severe. Upon consideration of the arguments presented by the appellant's counsel, the judge exercised discretion to set aside the original sentence and substitute it with a term of 14 months imprisonment from the date of judgment, finding this to be a more appropriate punishment for the offence committed.

Court Disposition

sentence reduced

Orders

  • The original sentence is set aside and substituted with 14 months imprisonment from the date of judgment.