[2014] KEHC 5013 (KLR)
The court found that although the appellant pleaded guilty and was properly convicted, the sentence imposed by the trial court exceeded the statutory maximum of seven years provided under Section 278A of the Penal Code. The sentence of ten years was therefore illegal. The High Court set aside the illegal sentence...
Source-derived case information.
- Citation
- [2014] KEHC 5013 (KLR)
- Parties
- Appellant: Peter Kihoro Ndereba; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 200 of 2013
- Procedural Posture
- Criminal Appeal / Ruling on Sentence
- Outcome
- sentence varied; appeal on sentence allowed to extent of correcting illegality
- Judges
- MJA Emukule
- Legal Topics
- Plea of Guilty, Sentencing Illegality, Appeal on Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Kihoro Ndereba
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling on Sentence
Legal Issues
- 1 Whether the appellate court can entertain an appeal where the accused pleaded guilty.
- 2 Whether the sentence imposed exceeded the statutory maximum and was therefore illegal.
Ratio Decidendi
The court found that although the appellant pleaded guilty and was properly convicted, the sentence imposed by the trial court exceeded the statutory maximum of seven years provided under Section 278A of the Penal Code. The sentence of ten years was therefore illegal. The High Court set aside the illegal sentence and substituted it with a lawful sentence of four years imprisonment to run from the date of sentence in the lower court.
Court Disposition
sentence varied; appeal on sentence allowed to extent of correcting illegality
Orders
- The sentence of ten years imprisonment imposed by the lower court is set aside.
- The appellant is sentenced to four years imprisonment to run from the date of sentence in the lower court.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAKURU
CRIMINAL APPEAL NO. 200 OF 2013
(From original conviction and sentence in criminal case No. 1969 OF 2013 of the Chief Magistrate's Court at Naivasha – Hon. S. M. Githinji, C.M.)
PETER KIHORO NDEREBA...................................................APPELLANT
VERSUS
REPUBLIC..............................................................................RESPONDENT
RULING
Under Section 348 of the Criminal Procedure Code, (Cap. 75, Laws of Kenya), an appellate court is precluded from entertaining an appeal where a prisoner had pleaded guilty.
The accused pleaded guilty and was properly convicted. The law (Section 278A) provides for a sentence of 7 years. The prisoner was sentenced to 10 years. That sentence was illegal. It is set aside. In lieu therefore I sentence the Appellant to four (4) years imprisonment to run from the date of sentence in the lower court.
There shall be orders accordingly.
Dated and signed at Nakuru this 8th day of April, 2014
M. J. ANYARA EMUKULE
JUDGE