[2022] KECA 1249 (KLR)
The Court of Appeal found that, following the withdrawal of the appeal against conviction and the concession by the Republic regarding sentence, the only issue for determination was the appropriateness of the sentence imposed. The court exercised its discretion to interfere with the sentence, considering the...
Source-derived case information.
- Citation
- [2022] KECA 1249 (KLR)
- Parties
- Appellant: Alex Abuga Monyoncho; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 4 of 2018
- Procedural Posture
- Criminal Appeal / Appeal Judgment
- Outcome
- appeal_allowed_in_part
- Judges
- PO Kiage, F Tuiyott, JM Ngugi
- Legal Topics
- Sentencing Appeals, Withdrawal of Appeal, Sentence Reduction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Alex Abuga Monyoncho
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Appeal Judgment
Legal Issues
- 1 Whether the sentence imposed on the appellant was excessive and should be reduced.
- 2 Whether the withdrawal of the appeal against conviction was proper.
Ratio Decidendi
The Court of Appeal found that, following the withdrawal of the appeal against conviction and the concession by the Republic regarding sentence, the only issue for determination was the appropriateness of the sentence imposed. The court exercised its discretion to interfere with the sentence, considering the submissions of both parties and the circumstances of the case. It set aside the original sentence and substituted it with an order that the appellant serve the term already served, resulting in his immediate release unless otherwise lawfully held.
Court Disposition
appeal_allowed_in_part
Orders
- The sentence imposed on the appellant is set aside.
- The appellant shall serve the term already served.
Full Case Text
Judgment text and source record
19 paragraphs
Monyoncho v Republic (Criminal Appeal 4 of 2018) [2022] KECA 1249 (KLR) (9 November 2022) (Judgment)
Neutral citation: [2022] KECA 1249 (KLR)
Republic of Kenya
In the Court of Appeal at Kisumu
Criminal Appeal 4 of 2018
PO Kiage, F Tuiyott & JM Ngugi, JJA
November 9, 2022
Between
Alex Abuga Monyoncho
Appellant
and
Republic
Respondent
(An appeal from the judgment of the High Court of Kenya at Nyamira (Nangillah, J.) dated 22nd April, 2016 in HCCRA No. 16 of 2015 Criminal Appeal 16 of 2015 )
Judgment
1. Learned counsel Mr Mokaya, after engaging us in a rather lengthy discussion of the question of age of the complainant, in the end conceded, as he had to, that the proper way to go was for him to withdraw the appeal against conviction, which he did.
2. Having left only the ground on sentence, which he urged before us, and given the gracious concession by the Republic through learned counsel Mr Okango, that the sentence imposed upon the appellant could be reduced to 10 years imprisonment, we, upon consideration of this appeal and of the submissions that have been made by counsel before us, think that this appeal is for allowing on sentence. We therefore set aside the sentence imposed on the appellant, and substitute therefor an order that he shall serve the term already served.
3. In the result, the appellant shall be set at liberty forthwith, unless otherwise lawfully held.Order accordingly.
DATED AND DELIVERED AT KISII THIS 9TH DAY OF NOVEMBER, 2022. P O KIAGE…………..………...…JUDGE OF APPEALF TUIYOTT…………………...…JUDGE OF APPEALJOEL NGUGI………………...…JUDGE OF APPEALI certify that this is a true copy of the originalDEPUTY REGISTRAR