[2003] KEHC 908 (KLR)
The court found that the appellant's plea of guilty, his remorse, and the substantial portion of the sentence already served justified a reduction of the sentence. Exercising its discretion under Section 354(1) of the Criminal Procedure Code, the court reduced the sentence to the period already served, ordering the...
Source-derived case information.
- Citation
- [2003] KEHC 908 (KLR)
- Parties
- Appellant: Raymod Kiplangat Kiptoo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- ? 11 of 2001
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- sentence reduced to period already served; appellant to be released unless otherwise lawfully held
- Legal Topics
- Sentencing, Plea of Guilty, Breaking Into Building, Exercise of Discretion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Raymod Kiplangat Kiptoo
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence imposed for breaking into a building and committing a felony was excessive in the circumstances.
- 2 Whether the appellant's plea of guilty and remorse warranted reduction of sentence.
Ratio Decidendi
The court found that the appellant's plea of guilty, his remorse, and the substantial portion of the sentence already served justified a reduction of the sentence. Exercising its discretion under Section 354(1) of the Criminal Procedure Code, the court reduced the sentence to the period already served, ordering the appellant's immediate release unless otherwise lawfully held.
Court Disposition
sentence reduced to period already served; appellant to be released unless otherwise lawfully held
Orders
- The sentence against the appellant is reduced to the period already served.
- The appellant shall be released forthwith unless otherwise lawfully held.
Full Case Text
Judgment text and source record
10 paragraphs
REPULIC OF KENYA
IN THE HIGH COURT OF KENYAAT NAKURUCRIMINAL APPEAL NO.11 OF 2001 (From original conviction and sentence in Criminal Case No.45/2001 of the Senior Principal Magistrate’s Court at NAIVASHA –B. F. ODHIAMBO (S.R.M.)
RAYMOD KIPLANGAT KIPTOO……………………APPELLANT VERSUS REPUBLIC……………………………………………RESPONDENT
J U D G M E N T
The Appellant has appealed against the sentence of 3 years and 1(one) stroke of the cane passed against him for the offence of Breaking into a Building and Committing a Felony contrary to Section 306 of the Penal Code.
The Appellant pleaded guilty to the charge and convicted on his own plea of guilty. The Learned State Counsel does not object to the appeal. The Appellant pleaded guilty an d therefore saved court’s time. He is remorseful for the offence. I do agree that he has served a substantial part of his sentence. Accordingly, considering all circumstances I exercise my discretion under S.354(1) of the Penal Code and reduce the sentence against him to that he has already served. He should be released forthwith unless otherwise lawfully held.
Orders accordingly.
Dated and Delivered at Nakuru this 6th day of March, 2003.
JESSIE LESIIT
JUDGE