[2012] KEHC 1555 (KLR)
The court found that the appellant, having been in custody since 2008 and treated as a first offender, had undergone sufficient punishment for the offences of burglary and stealing. The state conceded to the appeal, and the court exercised its discretion to reduce the sentence to the period already served. The court...
Source-derived case information.
- Citation
- [2012] KEHC 1555 (KLR)
- Parties
- Appellant: Peter Baraza; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 89 of 2011
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal allowed; sentence reduced to time served; appellant to be released immediately.
- Judges
- GO Shikwe
- Legal Topics
- Burglary, Sentencing, Appeals Against Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Peter Baraza
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence imposed on the appellant was excessive considering the period already served in custody.
- 2 Whether the appellant should be released based on time already served.
Ratio Decidendi
The court found that the appellant, having been in custody since 2008 and treated as a first offender, had undergone sufficient punishment for the offences of burglary and stealing. The state conceded to the appeal, and the court exercised its discretion to reduce the sentence to the period already served. The court ordered the immediate release of the appellant, holding that continued imprisonment would be excessive and unjust in the circumstances.
Court Disposition
appeal allowed; sentence reduced to time served; appellant to be released immediately.
Orders
- The sentence is reduced to the term already served in custody and imprisonment.
- The appellant shall be released from custody forthwith.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
High Court at Mombasa
Criminal Appeal 89 of 2011 [if gte mso 9]><xml>
14. 00
</xml><![endif][if gte mso 9]><xml>
Normal 0
false false false
EN-GB X-NONE X-NONE
</xml><![endif][if gte mso 9]><![endif][if gte mso 10]> <style> /* Style Definitions */ table.MsoNormalTable {mso-style-name:"Table Normal"; mso-style-parent:""; line-height:115%; font-size:11. 0pt;"Calibri","sans-serif"; mso-bidi-"Times New Roman";} </style> <![endif]
PETER BARAZA ……………………………………….……………ACCUSED
VERSUS
REPUBLIC ……………………………………….……………..RESPONDENT
(From original Conviction and Sentence in the Criminal Case No. 477 of 2008 of the Resident Magistrate’s court at Wundanyi: F. Munyi –RM).
JUDGMENT
The Accused was convicted and sentenced to seven years imprisonment for burglary and stealing. He was treated as a first offender. He is alleged to have stolen a pair of slippers and Malaria tablets.The state concedes to this appeal.
I am satisfied that he has undergone enough punishment considering the period he has been in custody since the year 2008. It is ordered that the sentence be reduced to the term he has already served in custody and imprisonment.
Accordingly he will be released.
Dated, delivered and signed in open court at Mombasa this 15th day of October, 2012.
…………………….
M. MUYA
JUDGE
In the presence of:-
Jami for Respondent
Appellant in person
Cc Musundi