[2006] KECA 315 (KLR)
The court found that the appellant, being a young person who had already served over two years in custody for the offence of killing her child in the context of a domestic quarrel, had been sufficiently punished. The original sentence of five years imprisonment was deemed harsh and excessive in light of her age, the...
Source-derived case information.
- Citation
- [2006] KECA 315 (KLR)
- Parties
- Appellant: Lilian Muthoni Kagaru; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 150 of 2004
- Procedural Posture
- Criminal Appeal / Judgment on Appeal
- Outcome
- sentence reduced; appellant to be released forthwith unless held for another lawful cause
- Legal Topics
- Sentencing Principles, Manslaughter, Mitigating Circumstances
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lilian Muthoni Kagaru
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment on Appeal
Legal Issues
- 1 Whether the sentence of five years imprisonment imposed on the appellant was harsh and excessive in the circumstances.
- 2 Whether the period already served by the appellant constituted sufficient punishment.
Ratio Decidendi
The court found that the appellant, being a young person who had already served over two years in custody for the offence of killing her child in the context of a domestic quarrel, had been sufficiently punished. The original sentence of five years imprisonment was deemed harsh and excessive in light of her age, the circumstances of the offence, and the period already spent in custody. The court exercised its discretion to reduce the sentence to the term already served, ordering her immediate release unless held for another lawful cause.
Court Disposition
sentence reduced; appellant to be released forthwith unless held for another lawful cause
Orders
- The sentence of five years imprisonment is reduced to the term already served.
- The appellant is to be released from prison forthwith unless held for some other lawful cause.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
Criminal Appeal 150 of 2004
LILIAN MUTHONI KAGARU………………………….………..…..APPELLANT
AND
REPUBLIC………………………………………………………..…RESPONDENT
(Appeal from a sentence of the High Court of Kenya at Nakuru ( Mr justice Muga Apondi) dated 26th July, 2004
in
HCCRC NO. 165 of 2003
***************
JUDGMENT OF THE COURT
The appellant whose age is put at between 23 and 25 years quarreled with her husband and in anger, she turned upon her own child and killed the child. She obviously looks to us a very young person and before being sentenced to five years imprisonment she had been in custody for over one year. We think that in her circumstances, the sentence of five years imprisonment was harsh and excessive. She has now served over two years and in our view, that is sufficient punishment. We accordingly reduce the sentence of five years imprisonment to such a term as will result in her immediate release from prison, i.e. the sentence is reduced to the term already served. She is to be released from prison forthwith unless she is held for some other lawful cause.
Dated and delivered at Nakuru this 27th day of February, 2006.
R. S. C. OMOLO
………………….
JUDGE OF APPEAL
E. O. O’KUBASU
……………………
JUDGE OF APPEAL
E. M. GITHINJI
…………………..
JUDGE OF APPEAL
I certify that this is a
true copy of the original
DEPUTY REGISTRAR