[2010] KEHC 254 (KLR)
The court found that the plea of guilty was properly taken in accordance with the requirements established in Adan v Republic. The charge was properly framed, and the facts were confirmed by the appellant. The sentence of six years imprisonment was within the statutory maximum of fourteen years for the offence under...
Source-derived case information.
- Citation
- [2010] KEHC 254 (KLR)
- Parties
- Appellant: Michael Waithaka Ndereva; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 3 of 2010
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed
- Judges
- MJA Emukule
- Legal Topics
- Plea of Guilty, Sentencing Principles, Sexual Offences, Appeals on Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Michael Waithaka Ndereva
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the plea of guilty was properly taken and entered in accordance with legal requirements.
- 2 Whether the sentence imposed was legal and appropriate under the law.
Ratio Decidendi
The court found that the plea of guilty was properly taken in accordance with the requirements established in Adan v Republic. The charge was properly framed, and the facts were confirmed by the appellant. The sentence of six years imprisonment was within the statutory maximum of fourteen years for the offence under section 162(b) of the Penal Code. There was no legal basis to interfere with the conviction or the sentence, as both were lawful and appropriate. The appeal was therefore dismissed for lack of merit.
Court Disposition
appeal dismissed
Orders
- The conviction and sentence by the lower court are confirmed.
- The appeal is dismissed.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
CRIMINAL APPEAL NO. 3 OF 2010
(From original conviction and sentence in Criminal Case No. 2931 of 2009 of the Principal Magistrate's Court at Nyahururu - C. K. Obara (R.M.) dated 17th December, 2009)
MICHAEL WAITHAKA NDEREVA……………………………...............................................................…………………..APPELLANT
VERSUS
REPUBLIC………………………………………………………….…...............................................……………………….REPUBLIC
JUDGMENT
CRIMINAL PROCEDURE AND PRACTICE - Plea of guilty - appeal against - only to the ground of extent and legality of sentence - S. 348 Criminal Procedure code (Cap. 75 Laws of Kenya).
JUDGMENT
The appellant was charged with the offence of having carnal knowledge of an animal contrary to section 162(b) of the Penal Code. The Appellant pleaded guilty to the offence and a plea of guilty was entered against him. After the facts were read to him the Appellant confirmed the facts as read were true. The trial court thereafter confirmed the plea of guilty and convicted him. The Appellant was asked whether he had anything to say in mitigation. The Appellant told the court -"I am praying for forgiveness."
The charge was properly framed. The plea was properly taken. The requirements where an accused person pleads guilty as laid down in the case of ADAN vs. REPUBLIC [1973] E.A. 445 were met.
The punishment for the offence of having carnal knowledge with an animal is a term of fourteen (14) years. The Appellant was sentenced to six (6) years. I have no reason to interfere with either the legality of the sentence or the extent thereof under Section 348 of the Criminal Procedure code (Cap. 75, Laws of Kenya).
I confirm the conviction and sentence by the lower court and I dismiss the appeal as it has no merit all.
There shall be orders accordingly.
Dated, delivered and signed at Nakuru this 30th day of September 2010
M. J. ANYARA EMUKULE
JUDGE