[2019] KEHC 8091 (KLR)
The court found that the appellant, having pleaded guilty and being a first offender, deserved leniency in sentencing. The time already served was deemed sufficient punishment, especially since the co-accused was discharged after the complainant withdrew the charges. The original sentence of 4 years' imprisonment...
Source-derived case information.
- Citation
- [2019] KEHC 8091 (KLR)
- Parties
- Appellant: Patrick Mukonyi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 44 of 2018
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal_allowed_in_part
- Judges
- DAS Majanja
- Legal Topics
- Sentencing Appeals, House Breaking, Plea of Guilty, First Offender, Sentence Quashing
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Patrick Mukonyi
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence of 4 years' imprisonment imposed on the appellant was excessive in the circumstances.
- 2 Whether the appellant's plea of guilty and status as a first offender warranted a reduction of sentence.
Ratio Decidendi
The court found that the appellant, having pleaded guilty and being a first offender, deserved leniency in sentencing. The time already served was deemed sufficient punishment, especially since the co-accused was discharged after the complainant withdrew the charges. The original sentence of 4 years' imprisonment was therefore quashed and substituted with a sentence of time served, resulting in the appellant's immediate release unless otherwise lawfully held.
Court Disposition
appeal_allowed_in_part
Orders
- The sentence of 4 years' imprisonment is quashed and substituted with a sentence of time served.
- The appellant is set free unless otherwise lawfully held under a separate warrant.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT ELDORET
CORAM: D. S. MAJANJA J.
CRIMINAL APPEAL NO. 44 OF 2018
BETWEEN
PATRICK MUKONYI...............APPELLANT
AND
REPUBLIC..............................RESPONDENT
(Being an appeal against the original conviction and sentence of Hon. M.Wambani, CM dated at 9th February 2017 at the Magistrates Court at Eldoret in Criminal Case No. 6379 of 2016)
JUDGMENT
1. The appellant, PATRICK MUKONYI, was charged and convicted on his own plea of guilty for the offence of house breaking and stealing contrary to section 304 (1) as read with section 279 (1) of the Penal Code (Chapter 63 of the Laws of Kenya). He was sentenced to 4 years’ imprisonment.
2. The appellant appeals against the sentence. I have received the record and note that his co-accused who pleaded not guilty was discharged after the complainant withdrew the charges. I therefore find the time served by the appellant sufficient considering that he pleaded guilty and was a first offender.
3. This appeal is allowed to the extent that the sentence of 4 years’ imprisonment is quashed and substituted with a sentence of time served. The appellant is set free unless otherwise lawfully held under a separate warrant.
DATED and DELIVERED at ELDORET this 25th day of APRIL 2019.
D.S. MAJANJA
JUDGE
Appellant in person.
Ms Mumu, Prosecution Counsel, instructed by the Director of Public Prosecutions for the respondent.