[2018] KEHC 3898 (KLR)
The court found that the sentence of four years imprisonment imposed on the appellant, who pleaded guilty at the first opportunity, was harsh and excessive, particularly given that his co-accused was discharged after the complainant withdrew the charges. The court held that the time already served by the appellant...
Source-derived case information.
- Citation
- [2018] KEHC 3898 (KLR)
- Parties
- Appellant: Peter Ongeri Ombaga; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nyamira
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 42 of 2017
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- sentence reduced to time served; appellant released unless otherwise lawfully held
- Judges
- DAS Majanja
- Legal Topics
- House Breaking, Stealing, Sentencing, Plea of Guilty
- 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 Ongeri Ombaga
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence imposed on the appellant was harsh and excessive given his plea of guilty at the first opportunity.
- 2 Whether the time already served by the appellant in prison should be considered sufficient punishment.
Ratio Decidendi
The court found that the sentence of four years imprisonment imposed on the appellant, who pleaded guilty at the first opportunity, was harsh and excessive, particularly given that his co-accused was discharged after the complainant withdrew the charges. The court held that the time already served by the appellant in prison was sufficient punishment and therefore substituted the sentence with a sentence of time served, ordering the appellant's immediate release unless otherwise lawfully held.
Court Disposition
sentence reduced to time served; appellant released unless otherwise lawfully held
Orders
- The appellant's sentence is reduced to time served.
- The appellant is to be released unless otherwise lawfully held.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NYAMIRA
CRIMINAL APPEAL NO. 42 OF 2017
PETER ONGERI OMBAGA..................................APPELLANT
VERSUS
REPUBLIC...........................................................RESPONDENT
(Appeal from the original conviction and sentence of Hon. N. Kahara – RM dated 3rd May 2017 at the Senior Resident Magistrate’s Court at Keroka in Criminal Case No. 364 of 2017)
JUDGMENT
1. The appellant, PETER ONGERI OMBAGA was charged and convicted of house breaking contrary to section 304 (1)(b) and stealing contrary to section 279(b) of the Penal Code (Chapter 63 of the Laws of Kenya). It was alleged that the appellant with his co-accused broke into the house of one JEMIMAH GESARE OTWORI on 6th March 2017 at Biticha Sub-location in Masaba North Sub County within Nyamira County and stole assorted household goods.
2. The appellant, as the 1st accused, pleaded guilty and was sentenced to serve four (4) years imprisonment on both limbs of the charge to run concurrently. His co-accused denied the charges but after the case was adjourned several times, the co-accused was discharged under section 204 of the Criminal Procedure Code (Chapter 75 of the Laws of Kenya) after the complaint withdrew the charges against him.
3. Considering that the co-accused was discharged after several adjournments and after the complaint decided to withdraw the charges, I hold that the sentence imposed on the accused harsh and excessive given that he pleaded guilty at the first opportunity and asked for leniency.
4. Considering the time the appellant has spent in prison, I sentence the appellant to time served. He is released unless otherwise lawfully held.
Dated and delivered at Kisii this 21st day of September 2018.
D.S MAJANJA
JUDGE
Mr. Otieno, Senior Prosecution Counsel, instructed by Office of Director of Prosecutions.
Appellant in person.