[2011] KEHC 3596 (KLR)
The court found that the appellant was an adult at the time of conviction, as confirmed by two separate age assessments ordered by both the trial and appellate courts. The sentence imposed—seven years imprisonment on each limb of the charge to run concurrently—was within the statutory limits for the offences of...
Source-derived case information.
- Citation
- [2011] KEHC 3596 (KLR)
- Parties
- Appellant: Moses Ngunjiri Wairimu; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 42 of 2010
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed
- Judges
- SP Ouko
- Legal Topics
- House Breaking, Stealing, Sentencing, Plea of Guilty, Age Assessment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Moses Ngunjiri Wairimu
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence imposed was harsh or excessive in light of the appellant's alleged age.
- 2 Whether the trial court erred in convicting and sentencing the appellant without due regard to his age.
Ratio Decidendi
The court found that the appellant was an adult at the time of conviction, as confirmed by two separate age assessments ordered by both the trial and appellate courts. The sentence imposed—seven years imprisonment on each limb of the charge to run concurrently—was within the statutory limits for the offences of house breaking and stealing. The appellant's previous criminal record further justified the sentence. Therefore, the sentence was neither harsh nor excessive, and there was no error in the trial court's decision regarding conviction or sentencing.
Court Disposition
appeal dismissed
Orders
- The appeal is dismissed.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
CRIMINAL APPEAL NO.42 OF 2010
MOSES NGUNJIRI WAIRIMU……………………..APPELLANT
VERSUS
REPUBLIC……………………..……………….….PROSECUTOR
[An Appeal from original conviction and sentence in Nyahururu C.M.CR.C.NO.2479 OF 2009 by Hon C. K. Obara, Resident Magistrate, dated 12th January, 2010]
JUDGMENT
The appellant, Moses Ngunjiri Wairimu, pleaded guilty to the charge of house breaking and stealingcontrary to section 304(l) and 279(b) of the Penal Code. Upon conviction, he was sentenced to seven years imprisonment on each limb of the charge which were to run concurrently.
He was aggrieved and has brought this appeal on the ground that the trial magistrate erred in convicting and sentencing him without due regard to his age. This prompted the court (Emukule, J) to order age assessment for the appellant. Indeed the learned trial magistrate had also made a similar order and the appellant was found at the time as it has now been found to be an adult i.e. over 18 years of age.
Although a plea of guilty is not a complete bar to bringing an appeal on any ground other than the extent or legality of the sentence, the appellant has based his appeal only on the ground that the sentence was harsh due to his under age. Having found that the appellant was an adult can the sentence still be viewed as harsh?
The offence of house breaking is punishable by imprisonment of seven (7) years while stealing is punished with imprisonment for a period of fourteen (14) years.
In view of the fact that the appellant has previous criminal record, the sentence was, in my view, not harsh or excessive.
For that reason, the appeal is dismissed.
Dated, Delivered and Signed at Nakuru this 22nd day of February, 2011.
W. OUKO
JUDGE