[1987] KEHC 67 (KLR)
The court found that, although the appellant pleaded guilty to the offence of defilement and did not offer any mitigation, the sentence of 3½ years imprisonment was excessive in the circumstances. The judge considered the forceful submissions of the appellant's counsel and the facts as presented, including the lack...
Source-derived case information.
- Citation
- [1987] KEHC 67 (KLR)
- Parties
- Appellant: Love; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 216 of 1987
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- sentence varied
- Judges
- ENA Torgbor
- Legal Topics
- Sentencing Principles, Defilement Offence, Plea of Guilty
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Love
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence imposed for defilement was excessive in the circumstances of the case.
Ratio Decidendi
The court found that, although the appellant pleaded guilty to the offence of defilement and did not offer any mitigation, the sentence of 3½ years imprisonment was excessive in the circumstances. The judge considered the forceful submissions of the appellant's counsel and the facts as presented, including the lack of evidence supporting the appellant's claim that the complainant agreed. The court determined that a reduced sentence would be more appropriate, substituting the original sentence with a term of 2½ years imprisonment and 10 strokes of the cane.
Court Disposition
sentence varied
Orders
- The sentence of 3½ years imprisonment is set aside and substituted with 2½ years imprisonment plus 10 strokes of the cane.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MACHAKOS
CRIMINAL APPEAL NO 216 OF 1987
LOVE……………….......…….PLAINTIFF
VERSUS
REPUBLIC …………….……DEFENDANT
JUDGMENT
October 19, 1987 Torgbor J delivered the following Judgment. The appellant was convicted for defilement and sentenced to 3½ years term of imprisonment. Mr Mulwa for the appellant has abandoned the grounds of appeal against conviction, wisely so, as the appellant pleaded guilty. The appeal is therefore against sentence in effect.
Having considered the circumstances of this case it is observed that the appellant gave the complainant Kshs 5 and further the appellant says in his ground of appeal that the complainant agreed. This allegation is not borne out by the proceedings as the appellant said nothing in mitigation.
In all the circumstances of this case however and bearing in mind the forceful appeal presented by Mr Mulwa I am persuaded that sentence was excessive and it is set aside and substituted by a term of imprisonment for 2½ years plus 10 strokes of the cane.
Order accordingly.
October 19, 1987
TORGBOR
JUDGE