[2008] KEHC 983 (KLR)
The court found that the sentence of 5 years imprisonment imposed on the appellant, who pleaded guilty to robbery with violence, was not harsh or excessive given that the law provides for up to 14 years imprisonment for the offence. The appellant's remorse did not justify interference with the sentence, and the...
Source-derived case information.
- Citation
- [2008] KEHC 983 (KLR)
- Parties
- Appellant: Paul Muchai Ndegwa; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 252 of 2006
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed
- Judges
- DK Maraga
- Legal Topics
- Robbery With Violence, Sentencing, Plea of Guilty
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Paul Muchai Ndegwa
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence of 5 years imprisonment for robbery with violence was harsh or excessive.
- 2 Whether the appellant's remorse warranted a reduction of sentence.
Ratio Decidendi
The court found that the sentence of 5 years imprisonment imposed on the appellant, who pleaded guilty to robbery with violence, was not harsh or excessive given that the law provides for up to 14 years imprisonment for the offence. The appellant's remorse did not justify interference with the sentence, and the appeal was therefore dismissed as unmeritorious.
Court Disposition
appeal dismissed
Orders
- The appeal is dismissed.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
CRIMINAL APPEAL 252 OF 2006
PAUL MUCHAI NDEGWA…………………..…..APPELLANT
VERSUS
REPUBLIC……………………………………..RESPONDENT
JUDGMENT
The Appellant with another were upon their own plea of guilty to the offence of robbery with violence contrary to Section 296(1) of the Penal Code convicted and each sentenced to 5 years imprisonment. The Appellant has appealed against that conviction arguing that he is remorseful and urged me to reduce the sentence. Mr. Mugambi for the state left the matter of sentence to me.
Having considered the matter I find this appeal totally unmeritorious. The Appellant and his confederates robbed a hapless woman of her bicycle. The sentence of 5 years against 14 years imprisonment provided for the offence cannot be said to be harsh. I therefore dismiss this appeal.
DATED and delivered at Nakuru this 3rd day of October, 2008.
D. K. MARAGA
JUDGE