[2021] KEHC 3316 (KLR)
The court found that the trial court had considered the appellant's mitigation, including the time spent in custody, and imposed the minimum sentence allowed by law for the offence. The appellate court held that there was no merit in the appeal against sentence, as the trial court had exercised its discretion within...
Source-derived case information.
- Citation
- [2021] KEHC 3316 (KLR)
- Parties
- Appellant: Lewuao Lenturen; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 106 of 2016
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed
- Judges
- DW Mbuteti
- Legal Topics
- Sentencing Principles, Firearms Offences, Proportionality in Sentencing
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lewuao Lenturen
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the trial court failed to apply the principle of equality and uniformity in sentencing the appellant.
- 2 Whether the trial court failed to apply the principle of proportionality in sentencing.
- 3 Whether the trial court failed to consider the period spent in custody during trial when passing sentence.
Ratio Decidendi
The court found that the trial court had considered the appellant's mitigation, including the time spent in custody, and imposed the minimum sentence allowed by law for the offence. The appellate court held that there was no merit in the appeal against sentence, as the trial court had exercised its discretion within the confines of the statutory minimum and had not erred in principle or failed to consider relevant factors.
Court Disposition
appeal dismissed
Orders
- The appeal against sentence is dismissed.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NANYUKI
CRIMINAL APPEAL NO 106 OF 2016
LEWUAO LENTUREN...................................................................APPELLANT
VERSUS
REPUBLIC.....................................................................................RESPONDENT
(Appeal from original Sentence in Nanyuki CM Criminal Case No 240 of 2015 – W Gichimu, PM)
J U D G M E N T
1. The Appellant herein, LEWUAO LENTUREN, was convicted in Count II of being in possession of ammunition without a firearm certificate contrary to section 4(1) & (3) of the Firearms Act, Cap 114. It was alleged that on 08/03/2015 at Wakumbe area, Tura Sub-location within Laikipia North Sub-County in Laikipia County he was found in possession of five (5) rounds of 5. 56 mm ammunition without a firearm certificate. He and his co-accused were acquitted in Count I of robbery with violence contrary to section 296(2) of the Penal Code. They were also acquitted of the alternative charge of handling stolen goods contrary to section 322(1) & (2) of the Penal Code.
2. On 05/05/2016 the Appellant was sentenced to serve seven (7) years imprisonment. He has appealed only against that sentence upon the grounds –
(i) That the trial court did not follow the principle of equality and uniformity in sentencing the Appellant.
(ii) That the trial court never followed the principle of proportionality when sentencing the Appellant.
(iii) That the trial court did not take into account the period the Appellant spent in custody during trial.
3. Learned counsel for the Respondent supported the sentence and pointed that it was the minimum provided for by law for the offence.
4. I have considered the submissions of each side. The trial court stated that it had considered the plea of mitigation given on behalf of the Appellant by his learned counsel. That plea included pointing out to the court the time spent in custody during trial. That was probably why the trial court felt constrained to give him the minimum sentence allowed by law instead of the maximum of fifteen (15) years or something in between.
5. I find no merit in this appeal against sentence. It is hereby dismissed. It is so ordered.
DATED AND SIGNED AT NANYUKI THIS 18TH DAY OF AUGUST 2021
H P G WAWERU
JUDGE
DELIVERED AT NANYUKI THIS 7TH DAY OF OCTOBER 2021