[2019] KEHC 302 (KLR)
The court found that the sentence of 3 years imprisonment for assault was excessive in the circumstances of the case. The conviction was affirmed, but the sentence was set aside in favor of a non-custodial sentence. The court considered the favorable probation report and the fact that the appellant had already...
Source-derived case information.
- Citation
- [2019] KEHC 302 (KLR)
- Parties
- Appellant: Levis Jomo Omonyi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 52 of 2017
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal allowed in part; sentence varied; conviction affirmed
- Judges
- REA Ougo
- Legal Topics
- Sentencing Principles, Assault Offences, Community Service Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Levis Jomo Omonyi
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence of 3 years imprisonment for assault was excessive in the circumstances of the case.
- 2 Whether the appellant should be granted a non-custodial sentence.
Ratio Decidendi
The court found that the sentence of 3 years imprisonment for assault was excessive in the circumstances of the case. The conviction was affirmed, but the sentence was set aside in favor of a non-custodial sentence. The court considered the favorable probation report and the fact that the appellant had already served about a year of his custodial sentence. The court substituted the custodial sentence with a community service order of 3 months, emphasizing the need for the appellant to respect his mother-in-law and maintain peace within his extended family.
Court Disposition
appeal allowed in part; sentence varied; conviction affirmed
Orders
- The sentence of 3 years imprisonment is set aside.
- The appellant shall serve community service for a period of 3 months.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT O FKENYA AT KISII
CRIMINAL APPEAL NO.52 OF 2017
LEVIS JOMO OMONYI........................................APPELLANT
VERSUS
REPUBLIC...........................................................RESPONDENT
(From original conviction and sentence in Criminal Case No.3 of 2016 of the Principal Magistrate’s Court at Ogembo. Before CRT Ateya-R.M)
JUDGMENT
1 The appeal in this matter is against sentence. I have considered the submissions of both the appellant’s counsel and the State’s response. 3 years for assault in the circumstance of this case was excessive. I therefore allow the appellant’s appeal on a sentence. The conviction is affirmed. Further the probation report is favorable. The appellant however did not serve about a year of his custodial sentence after conviction. The sentence of 3 years is set aside. He shall therefore serve community service for a period of 3 months. He is warned to respect his mother –in-law and to leave in peace with his extended family.
2 Right of appeal.
Dated, signed and delivered at Kisii this 31stday ofOctober 2019.
R.E. OUGO
JUDGE
In the Presence;
Appellant In person
Mr.Otieno Senior state counsel office of the DPP
Ms. Rael Court Clerk