[2018] KEHC 4663 (KLR)
The court found that the sentences imposed on the appellant for grievous harm and assault causing actual bodily harm were lawful and proportionate to the offences committed. The trial court exercised its discretion appropriately, considering the gravity of the attack, the nature of the injuries, and the maximum...
Source-derived case information.
- Citation
- [2018] KEHC 4663 (KLR)
- Parties
- Appellant: Letapardai Lemurua; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 78 of 2017
- Procedural Posture
- Criminal Appeal / Judgment on Appeal Against Sentence
- Outcome
- appeal dismissed
- Judges
- DW Mbuteti
- Legal Topics
- Sentencing Principles, Grievous Harm, Assault, Penal Code Interpretation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Letapardai Lemurua
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Legal Issues
- 1 Whether the sentences imposed for grievous harm and assault causing actual bodily harm were lawful and appropriate in the circumstances.
- 2 Whether there is any valid reason for the appellate court to interfere with the sentences imposed by the trial court.
Ratio Decidendi
The court found that the sentences imposed on the appellant for grievous harm and assault causing actual bodily harm were lawful and proportionate to the offences committed. The trial court exercised its discretion appropriately, considering the gravity of the attack, the nature of the injuries, and the maximum penalties prescribed by law. The appellant received a lenient sentence of seven years for grievous harm, despite the offence carrying a maximum of life imprisonment, and two years for assault, with the sentences running concurrently. There was no evidence of misdirection, illegality, or excessiveness in the sentences to warrant appellate interference. The appeal against sentence...
Court Disposition
appeal dismissed
Orders
- The appeal against sentence is dismissed.
- The sentences imposed by the trial court are upheld.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYAAT NANYUKI
CRIMINAL APPEAL NO 78 OF 2017
LETAPARDAI LEMURUA..........APPELLANT
VERSUS
REPUBLIC..................................RESPONDENT
(Appeal from original Sentences dated 21/07/2017 in Nanyuki CM Criminal Case No 654 of 2016 – E Ngigi, SRM)
J U D G M E N T
1. The Appellant LETAPARDAI LEMURUAwas convicted after trial in count I of grievous harm contrary to section 234of the Penal Code, and in count II of assault causing actual bodily harm contrary to section 251 of the Penal Code. It was alleged in the particulars of the offences that on 7th April, 2015 at about 16. 00 hours at Tango Maos Ranch in Laikipia North Sub-County within Laikipia County, jointly with others not before court, he unlawfully and respectively did grievous harm to one AIDAN HARTELY and assaulted one JACKSON AMBURA,thereby occasioning him actual bodily harm. On 21st July 2017 he was sentenced to serve seven (7) years imprisonment in count I and to two (2) years imprisonment in count II, the sentences to run concurrently. He has appealed against the sentences only.
2. The complainants were attacked by a large group of Samburu morans who were illegally grazing in the first complainant’s land. The morans were armed with clubs, spears and swords, though the injuries inflicted upon the complainants were caused by rocks hurled at them. The first complainant suffered a maim in his hand. The confrontation could easily have resulted in death(s) had the complainants not retreated; the police officers who came onto the scene also acted with commendable restraint.
3. The sentences imposed upon the Appellant were lawful. It is to be noted that grievous harm carries a maximum life imprisonment under the law. The Appellant got only seven (7) years. It was a lenient sentence and certainly richly deserved in the circumstances.
4. There is no valid reason for this court to interfere with the sentences. There is no merit in the appeal against sentence. It is hereby dismissed. It is so ordered.
DATED AND SIGNED AT NANYUKI THIS 2ND DAY OF AUGUST 2018
H P G WAWERU
JUDGE
DELIVERED AT NANYUKI 15TH DAY OF AUGUST 2018