[2013] KEHC 1852 (KLR)
The court determined that since the appellant did not contest the conviction and had already served a substantial portion of his sentence, and given that the state did not oppose the request for release, it was just to set aside the remaining sentence and substitute it with a sentence of time served. The court...
Source-derived case information.
- Citation
- [2013] KEHC 1852 (KLR)
- Parties
- Appellant: Paul Mukundi Njeru; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 109 of 2012
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- sentence set aside and substituted with time served; appellant bonded to keep peace for 6 months
- Legal Topics
- Appeal on Sentence, Conviction Upheld, Sentence Substitution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Paul Mukundi Njeru
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence imposed on the appellant should be set aside and substituted with a sentence of time served.
- 2 Whether the appellant should be bonded to keep the peace upon release.
Ratio Decidendi
The court determined that since the appellant did not contest the conviction and had already served a substantial portion of his sentence, and given that the state did not oppose the request for release, it was just to set aside the remaining sentence and substitute it with a sentence of time served. The court further ordered that the appellant be bonded to keep the peace for six months as a condition for his release. This approach balanced the interests of justice, the appellant's rehabilitation, and public safety.
Court Disposition
sentence set aside and substituted with time served; appellant bonded to keep peace for 6 months
Orders
- The sentence is set aside and substituted for the time served.
- The appellant shall be bonded to keep peace for 6 months.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT EMBU
CRIMINAL APPEAL NUMBER 109 OF 2012
PAUL MUKUNDI NJERU..........................….............……...…………..APPELLANT
VERSUS
REPUBLIC………………………………............……………………..RESPONDENT
(Being an appeal from the original conviction and sentence in Embu Criminal Case 275 of 2008 by A. A Ingutia S.R.M on 30th October, 2012)
JUDGMENT
When the appeal came up for hearing, the appellant indicated that he did not wish to purse the appeal on conviction. He stated that he had served a substantial part of his sentence and wished to be released.
Learned counsel for the state, did not oppose this course as the appellant is scheduled for release in six months.
In the circumstances, the appeal is allowed to the extent that the sentence is set aside and substituted for the time served. The appellant shall however be bonded to keep peace for 6 months. He shall be released forthwith unless otherwise lawfully held.
D.A.S MAJANJA
JUDGE
17. 10. 2013
Court:
Judgment read and delivered in open court this 17th day of October, 2013
D.A.S MAJANJA
JUDGE
17. 10. 2013
In the presence of
Mr Njogu for state
Appellant
Njue – Court clerk.