[2006] KEHC 1106 (KLR)
The court found that the appellant, a young woman, had already served 18 months of her 5-year sentence for causing grievous harm. Taking into account her age, the period served, her remorse, and the mitigating factors presented, the court held that the period already served was adequate punishment for the offence....
Source-derived case information.
- Citation
- [2006] KEHC 1106 (KLR)
- Parties
- Appellant: Mary Wanjiru Kamau; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 62 of 2005
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal_allowed
- Legal Topics
- Sentencing, Grievous Harm, Mitigation, Plea of Guilty
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Mary Wanjiru Kamau
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence of 5 years imprisonment with hard labour for causing grievous harm was excessive in the circumstances.
- 2 Whether the period already served by the appellant constituted adequate punishment for the offence committed.
Ratio Decidendi
The court found that the appellant, a young woman, had already served 18 months of her 5-year sentence for causing grievous harm. Taking into account her age, the period served, her remorse, and the mitigating factors presented, the court held that the period already served was adequate punishment for the offence. The sentence was therefore reduced to the period already served, and the appellant was ordered to be set at liberty unless otherwise lawfully held.
Court Disposition
appeal_allowed
Orders
- The sentence of 5 years imprisonment is reduced to the period already served.
- The appellant is set at liberty unless otherwise lawfully held.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAKURU
Criminal Appeal 62 of 2005
MARY WANJIRU KAMAU ………….............................…………………….……ACCUSED
VERSUS
REPUBLIC…………….........................……………………………………..RESPONDENT
JUDGEMENT
The appellant was charged with the offence of causing grievous harm contrary to section 234 of the penal code.
The particulars of the charge stated that on the 31st day of August, 2004 at Nakuru Township in Nakuru District within Rift Valley Province, the appellant did grievous harm to Irene Wangare Njoroge. The appellant was convicted on her own plea of guilty on 14th day of March, 2005 and she was consequently sentenced to imprisonment for 5 years with hard labour.
During the hearing of this appeal, the appellant appeal presented the only on the sentence. She urged this court to consider reducing the sentence imposed on her on the grounds that she has reformed since she has been in lawful custody from 14th March, 2005. She drew the attention to the facts offered in mitigation before the lower court and pleaded with this court to allow the appeal on sentence so that she can carry out her responsibilities of looking after her siblings. Mr. Koech, the learned Senior State Counsel did not oppose this appeal on sentence.
I have taken into account the age of the appellant and the factors in mitigation offered before the lower court. The appellant appears to be a very young woman and out of the period of 5 years, imposed upon her, she has served a period of 18 months. Since the appellant submits that she has reformed and regrets the offence that she committed I consider the period already served by the appellant as adequate punishment for the offence committed.
Accordingly I hereby reduce the sentence of 5 years and commute the same to the period already served.
The appeal on sentence is hereby allowed and accordingly the appellant is set at liberty unless otherwise lawfully held.
It is so ordered.
Judgement read and signed on 9th August, 2006.
MARTHA KOOME
JUDGE
9. 8.2006
Before: Martha Koome
Mwiti: Court Clerk
Gumo for the state
Judgement read and signed on 9th August, 2006.
MARTHA KOOME
JUDGE