[2004] KEHC 1499 (KLR)
The court found that while the appellant had pleaded guilty to the offence of defilement under Section 145(1) of the Penal Code, and the sentence imposed by the trial court was within the statutory limits, the interests of justice would be served by reducing the sentence. The court considered the appellant's status...
Source-derived case information.
- Citation
- [2004] KEHC 1499 (KLR)
- Parties
- Appellant: Nicodemus Kilonzo Ndambuki; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- ? 33 of 2004
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- Appeal dismissed save for reduction of sentence.
- Legal Topics
- Sentencing Principles, Sexual Offences, Plea of Guilty
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nicodemus Kilonzo Ndambuki
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence of 20 years imprisonment for the offence of defilement was harsh and excessive.
- 2 Whether the appellant's status as a first offender and his personal circumstances warranted a reduction of sentence.
Ratio Decidendi
The court found that while the appellant had pleaded guilty to the offence of defilement under Section 145(1) of the Penal Code, and the sentence imposed by the trial court was within the statutory limits, the interests of justice would be served by reducing the sentence. The court considered the appellant's status as a first offender and his personal circumstances, including his responsibility to his children. The court held that a sentence of twelve years imprisonment was sufficient to meet the ends of justice, given the maximum penalty for the offence is life imprisonment. Accordingly, the sentence of 20 years was set aside and substituted with a sentence of 12 years imprisonment, with...
Court Disposition
Appeal dismissed save for reduction of sentence.
Orders
- The sentence of 20 years imprisonment is set aside and substituted with a sentence of 12 years imprisonment.
- The rest of the sentence remains unchanged.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYAAT MOMBASA
APPELLATE SIDEH.C.CR. APPEAL NO.33 OF 2004 (Being an appeal from Original Criminal Conviction and sentence in Criminal Case No.193 of 2004 of the Senior Resident Magistrate's Court at Kwale –L.N. Mbatia, SRM)
NICODEMUS KILONZO NDAMBUKI………………………………..…………………….. APPELLANT
VERSUS
REPUBLIC………………………………………………..……………………………………. RESPONDENT Coram: Before Hon. Justice Mwera Monda for the State Accused person in person –present Court clerk –Sango J U D G E M E N T
The appellant was charged under S.145 (1) Penal Code in that on 18- 1-2004 at Bando Village, Kwale he had carnal knowledge of Mupa Malau a girl under the age of 16 years.
On being charged he pleaded guilty and after a plea that is apparently unequivocal, a sentence of 20 years imprisonment with hard labour was handed down. He appealed against the sentence.
At the hearing of the appeal, the appellant urged the court to reduce that sentence on the basis that it was harsh and excessive and he was a first offender. He added here that he had children to fend for. The learned State Counsel noted that the conviction was proper and the sentence not harsh or excessive. That the maximum prison term for this kind of offence was life imprisonment.
Having heard all the above this court is minded to say that interests of justice will still be served even as the lower court sentence is set aside and substituted with one of twelve (12) years imprisonment. The rest of the sentence remains. Save for reducing the prison term as shown above this appeal is dismissed.
Judgement accordingly.
Delivered on 31st May 2004.
J.W. MWERA
JUDGE