[2017] KEHC 669 (KLR)
The court found that the appellant, having served two separate periods in custody totaling about two and a half months and having experienced a significant period of freedom on bond, had suffered sufficient punishment. The original three-year imprisonment was deemed excessive in the circumstances, and the sentence...
Source-derived case information.
- Citation
- [2017] KEHC 669 (KLR)
- Parties
- Appellant: Lilian Kawira Michubu; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 34 of 2009
- Procedural Posture
- Criminal Appeal / Sentence After Appeal Judgment
- Outcome
- sentence varied; appellant released
- Judges
- SJ Chitembwe, A Mabeya
- Legal Topics
- Sentencing, Bond Pending Appeal, Imprisonment Term, Appeal Dismissal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lilian Kawira Michubu
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Sentence After Appeal Judgment
Legal Issues
- 1 Whether the appellant should continue serving the original three-year imprisonment sentence after periods spent on bond and in custody.
- 2 Whether the time already served by the appellant in custody is sufficient punishment.
Ratio Decidendi
The court found that the appellant, having served two separate periods in custody totaling about two and a half months and having experienced a significant period of freedom on bond, had suffered sufficient punishment. The original three-year imprisonment was deemed excessive in the circumstances, and the sentence was set aside and replaced with the time already served. The appellant was ordered to be set at liberty unless otherwise lawfully held.
Court Disposition
sentence varied; appellant released
Orders
- The three years imprisonment is set aside and replaced with the two periods of about two and a half months already served.
- The appellant shall be set at liberty unless otherwise lawfully held.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MERU
CRIMINAL APPEAL CASE NO. 34 OF 2009
LILIAN KAWIRA MICHUBU ................. APPELLANT
VERSUS
REPUBLIC .......................... RESPONDENT
SENTENCE
The Judgment of this appeal was delivered on 5/10/2017. The appeal was disallowed. The appellant was sentenced to serve three years Imprisonment on 18/2/2009 by the trial Court. I had assumed that the appellant had served the entire sentence. It has been brought to my attention that the appellant was released on bond and has all along been out on bond.
The record shows that the appellant was convicted on 18/2/2009. An application to have her released on bond pending appeal was heard on 26/3/2009. Justice ANYARA EMUKULE, (as he then was) allowed the application and granted bond of Ksh 15,000 with one surety of similar amount. The application was granted on the same day 26/3/2009.
The appellant therefore was in prison from 18/2/2009 to 26/3/2009. This is a period of over one month. She was returned to prison on 5/10/2017 and has been serving the sentence. This second spell has also run for over one month. The victim is the appellant’s neighbour. Having tested freedom from March 2009 to October 2017 and having been returned to prison for another period of over one month, I do find that the appellant has suffered enough punishment. The three years imprisonment is hereby set aside and replaced with the two periods of about two and a half months already served. The appellant shall be set at liberty unless otherwise lawfully held.
Dated and signed at Marsabit this………….….day of November, 2017
S. CHITEMBWE
JUDGE
Dated, Signed and Delivered at Meru this 29th Day of November, 2017
A. MABEYA
JUDGE