[2001] KEHC 367 (KLR)
The court found that, given the appellant's long and unblemished service in the civil service, the loss of his job and benefits, his age, and the fact that he had already served approximately eleven months in prison, the punishment already endured was sufficient. The court exercised its discretion to reduce the...
Source-derived case information.
- Citation
- [2001] KEHC 367 (KLR)
- Parties
- Appellant: Meshack Roy Galo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 360 of ??
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- sentence reduced to period served; appellant to be released forthwith
- Legal Topics
- Sentencing, Corruption Offences, Mitigation, Appeal Against Sentence
- 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
Meshack Roy Galo
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence imposed on the appellant for corruption offences was excessive in the circumstances.
- 2 Whether the period already served by the appellant constituted sufficient punishment.
Ratio Decidendi
The court found that, given the appellant's long and unblemished service in the civil service, the loss of his job and benefits, his age, and the fact that he had already served approximately eleven months in prison, the punishment already endured was sufficient. The court exercised its discretion to reduce the sentence to the period already served, holding that further incarceration would not serve the interests of justice in the circumstances of this case.
Court Disposition
sentence reduced to period served; appellant to be released forthwith
Orders
- The sentence on each of the two counts is reduced to a period served.
- The appellant shall be released forthwith.
Full Case Text
Judgment text and source record
8 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL DIVISION
CRIMINAL APPEAL NO.360 OF 2000
(From Original Conviction and Sentence in Criminal Case 323 of 2000 of the Senior Magistrate’s Court at Nairobi:
MESHACK ROY GALO...............................................APPELLANT VERSUS REPUBLIC.................................................................RESPONDENT
JUDGMENT
The appeal is only against the sentence. The appellant admits that he committed the two offences of the corruption as stated in the charge. We have considered the issue of the sentence and the pleas in mitigation so very ably and enthusiastically advanced by Mr. Kinuthia, the learned advocate for the appellant. The appellant has been in the civil service for the past over 26 years and now losses the said job and the resultant benefits as a result of the offences committed by him. The appellant is about 47 years old with a clean past previous record. We further note that the appellant has been in prison since last about eleven months. It is our considered view that the appellant has had his punishment by now for what he did. ORDER: The sentence on each of the two counts is reduced to a period served. We order that the appellant be released forthwith. Dated and delivered at Nairobi this 22nd day of February, 2001. V.V. PATEL JUDGE J.L.A. OSIEMO JUDGE