[2010] KEHC 1948 (KLR)
The court found that the appellant, having been a first offender and having already served a significant period in custody since 8th May 2009, had been sufficiently punished for the offence of assault causing actual bodily harm. The sentence of two years' imprisonment was deemed excessive in the circumstances, and...
Source-derived case information.
- Citation
- [2010] KEHC 1948 (KLR)
- Parties
- Appellant: Mokeira Kerubo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 112 of 2009
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- Appeal allowed. Sentence reduced to period already served. Appellant set at liberty unless otherwise lawfully held.
- Legal Topics
- Assault Causing Actual Bodily Harm, Sentencing Principles, Appeal on Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mokeira Kerubo
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence of two years' imprisonment for assault causing actual bodily harm was harsh and excessive.
Ratio Decidendi
The court found that the appellant, having been a first offender and having already served a significant period in custody since 8th May 2009, had been sufficiently punished for the offence of assault causing actual bodily harm. The sentence of two years' imprisonment was deemed excessive in the circumstances, and the court exercised its discretion to reduce the sentence to the period already served, thereby allowing the appeal.
Court Disposition
Appeal allowed. Sentence reduced to period already served. Appellant set at liberty unless otherwise lawfully held.
Orders
- The appeal is allowed.
- The sentence is reduced to the period already served.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KISII
Criminal Appeal 112 of 2009
(Being an appeal from original conviction and sentence of the CM’s court at Kisii in criminal case No. 43 of 2009 –C.A.OKORE, DM II)
BETWEEN
MOKEIRA KERUBO ……………………………………. APPELLANT
VERSUS
REPUBLIC ……………………………………………… RESPONDENT
JUDGMENT
The appellant was convicted for the offence of assault causing actual bodily harm contrary tosection 251ofthe Penal Code.She was sentenced to two years’ imprisonment.She appealed against the sentence saying that the same was harsh and excessive.
Mr. Mutai, Senior State Counsel, opposed the appeal and submitted that the sentence was neither harsh nor excessive.
According to the medical examination report that was tendered in evidence, the appellant assaulted the complainant on 2nd January 2009. She hit the complainant on her neck and on the left eye.She also pulled off her hair on the left side of the head.
The appellant was a first offender and has been in prison since 8th May 2009. In my view, she has been punished sufficiently.I therefore allow the appeal and reduce the sentence to the period already served.The appellant is set at liberty unless otherwise lawfully held.
DATED, SIGNED AND DELIVERED AT KISII THIS 14TH DAY OF MAY, 2010.
D. MUSINGA
JUDGE.
14/5/2010
Before D. Musinga, J.
Mobisa – cc
Mr. Mutuku for the state
Appellant present
Court:Judgment delivered in open court on 14th day of May, 2010.
D. MUSINGA
JUDGE.