[2012] KEHC 3584 (KLR)
The appeal was dismissed because the appellant failed to provide any evidence that he was below 18 years at the time of conviction. The trial court had considered his past criminal record, including the fact that he committed the offence while on probation and attempted to escape from custody. The sentences imposed...
Source-derived case information.
- Citation
- [2012] KEHC 3584 (KLR)
- Parties
- Appellant: Mark Mwangi Kariuki; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 60 of 2011
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed
- Judges
- SP Ouko
- Legal Topics
- Sentencing, Plea of Guilty, Juvenile Justice, Escape From Custody
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mark Mwangi Kariuki
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence imposed on the appellant was excessive or improper.
- 2 Whether the appellant was a minor at the time of conviction and sentencing.
Ratio Decidendi
The appeal was dismissed because the appellant failed to provide any evidence that he was below 18 years at the time of conviction. The trial court had considered his past criminal record, including the fact that he committed the offence while on probation and attempted to escape from custody. The sentences imposed were within the law and ordered to run concurrently. The court found no merit in the grounds of appeal and upheld the original conviction and sentence.
Court Disposition
appeal dismissed
Orders
- The appeal is dismissed.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT
AT NAKURU
Criminal Appeal 60 of 2011
MARK MWANGI KARIUKI…………………...……………….……..APPELLANT
VERSUS
REPUBLIC…………………………………….…………………….RESPONDENT
[An Appeal from original conviction and sentence in Nyahururu P.M.CR.C.NO.331 of 2011 by Hon A. B. Mong’are, Senior Resident Magistrate dated 4th January, 2011]
JUDGMENT
The appellant was sentenced on his own plea of guilty to four years for house breaking and stealing contrary to Section 304(1) and 279(b) of the Penal Code and to one year for escape from lawful custody contrary to Section 36 of the Penal Code. The sentences on both counts were ordered to run concurrently. He has appealed challenging the sentence, claiming that when he pleaded guilty and convicted he was below 18 years.
Before me he pleaded for leniency saying that he has reformed having attained Grade 3 Certificate in Carpentry and having been converted as a Christian.
The court below passed the sentence on both counts after considering the appellants past record and conduct when he was arrested. The appellant has a previous record of conviction having been placed on probation. As a matter of fact, he committed the offence the subject of this appeal while serving a probationary term. Furthermore, he attempted to escape when he was arrested. Regarding his age, there is no evidence to show that he was below 18 years during his trial. He did not state so in his mitigation
For these reasons, I find no merit in the appeal. It is dismissed.
Dated, Signed and Delivered at Nakuru this 14th day of June, 2012.
W. OUKO
JUDGE