[2021] KEHC 6681 (KLR)
The High Court held that the sentence of seven years imprisonment imposed on the appellant for possession of ammunition was the minimum prescribed by law under section 89(1) of the Penal Code. The court considered the Supreme Court's decision in the Muruatetu case, which allows courts to revisit mandatory sentences...
Source-derived case information.
- Citation
- [2021] KEHC 6681 (KLR)
- Parties
- Appellant: Lkapure Lenaresha; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 10 of 2020
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed
- Judges
- DW Mbuteti
- Legal Topics
- Sentencing Guidelines, Possession of Ammunition, Penal Code Section 89, Mandatory Minimum Sentences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lkapure Lenaresha
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence of seven years imprisonment for possession of ammunition under section 89(1) of the Penal Code was manifestly harsh or excessive.
- 2 Whether the court should interfere with the mandatory minimum sentence in light of the Supreme Court decision in the Muruatetu case.
Ratio Decidendi
The High Court held that the sentence of seven years imprisonment imposed on the appellant for possession of ammunition was the minimum prescribed by law under section 89(1) of the Penal Code. The court considered the Supreme Court's decision in the Muruatetu case, which allows courts to revisit mandatory sentences in appropriate circumstances. However, the court found that the facts of this case—where the appellant was found in possession of two rounds of .303 mm ammunition, which are capable of causing significant harm—did not warrant interference with the sentence. The sentence was neither manifestly harsh nor excessive and was justified by the seriousness of the offence. Accordingly,...
Court Disposition
appeal dismissed
Orders
- The appeal against sentence is dismissed.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NANYUKI
CRIMINAL APPEAL NO 10 OF 2020
LKAPURE LENARESHA...................................APPELLANT
VERSUS
REPUBLIC.....................................................RESPONDENT
(From original Sentence in Maralal PM Criminal Case No 503 of 2017 – R K Koech, PM)
J U D G M E N T
1. The Appellant herein, LKAPURES LENARESHA, was convicted after trial in Count II of the charge of being in possession of ammunition contrary to section 89(1) of the Penal Code. The charge in Count I was withdrawn by the complainant. On 21/12/2017 he was sentenced to seven (7) years imprisonment. He has appealed only against that sentence. He stated to this court that he was satisfied with the conviction.
2. The punishment prescribed under section 89(1) of the Penal Code, once the trial court decides that the accused deserves a custodial sentence, is imprisonment for a term of not less than seven years and not more than fifteen years. The Appellant got the minimum.
3. With the decision of the Supreme Court of Kenya in the now notorious Muruatetu case, no doubt this court would be entitled to revisit a mandatory sentence meted out by a trial court if appropriate to do so. In the present case, though the Appellant was found in possession of two rounds of .303 mm ammunition, normally fired from a rifle, everyone knows what harm such a bullet fired from an appropriate rifle could cause. I therefore do not consider that the sentence of seven years imprisonment in this case was manifestly harsh or excessive. It was well-deserved.
4. I find no merit in this appeal against sentence. It is hereby dismissed. It is so ordered.
DATED AND SIGNED AT NANYUKI THIS 26TH DAY OF MAY 2021
H P G WAWERU
JUDGE
DELIVERED AT NANYUKI THIS 27TH DAY OF MAY 2021