[2011] KEHC 3938 (KLR)
The court found that the appellant, having pleaded guilty, shown remorse, and served two years and ten months of a four-year sentence for an offence he was intercepted before committing, had undergone sufficient punishment. The court considered his repentance and commitment not to reoffend as factors warranting...
Source-derived case information.
- Citation
- [2011] KEHC 3938 (KLR)
- Parties
- Appellant: Salim Macihia Wanga; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 12 of 2009
- Procedural Posture
- Criminal Appeal / Revision
- Outcome
- sentence revised to period already served; appellant to be released forthwith unless otherwise lawfully held
- Judges
- RN Nambuye
- Legal Topics
- Plea of Guilty, Sentencing Revision, Remorse and Rehabilitation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Salim Macihia Wanga
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Revision
Legal Issues
- 1 Whether the sentence imposed on the appellant, who pleaded guilty and showed remorse, was excessive in the circumstances.
- 2 Whether the court should exercise its revisionary powers to alter the sentence already served.
Ratio Decidendi
The court found that the appellant, having pleaded guilty, shown remorse, and served two years and ten months of a four-year sentence for an offence he was intercepted before committing, had undergone sufficient punishment. The court considered his repentance and commitment not to reoffend as factors warranting judicial mercy. Exercising its revisionary jurisdiction under Sections 362 and 364 of the Criminal Procedure Code, the court revised the sentence to the period already served and ordered the appellant's immediate release unless otherwise lawfully held.
Court Disposition
sentence revised to period already served; appellant to be released forthwith unless otherwise lawfully held
Orders
- The sentence is revised to one already served.
- The appellant is to be set at liberty forthwith in connection with the conviction which led to this appeal unless otherwise lawfully held.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH OF COURT OF KENYA
AT KISUMU
CRIMINAL APPEAL NO. NO. 12 OF 2009
SALIM MACIHIA WANGA.............................................................................................APPELLANT
VERSUS
REPUBLIC ..................................................................................................................RESPONDENT
REVISION
The court has perused the lower court file and found that in the first instance the appellant did not plead guilty to the charge but later on in the course of the proceedings he decided to change plea and requested for the charge to be read to him and when the charge was read to him he accepted the charge. When the facts were read to him, he accepted them to be correct and he was convicted and then sentenced to serve four (4) years on 23rd day of April 2008.
The complaint on appeal is that he pleaded guilty and that he still is remorseful and repentant. Further that he has become sickly and pleads for mercy.
The court notes that the appellant was intercepted before committing any offence. He is remorseful and pleads for mercy. He was sentenced on the 23rd day of April 2008 and as at now he has served two (2) years and 10 months of the sentence handed out. In this courts’ opinion, that is sufficient punishment for a person in tending to commit a crime and since he is repentant and he has vowed not to repeat the offence, the court finds him to be a proper candidate to quench his thirst from the judicial fountain of mercy. The court therefore invoke its revisionary power as bestowed upon it by Section 362 of the Criminal Procedure Code as read with Section 364 of the same Criminal Procedure Code and revises the sentence to one already served. He is ordered to be set at liberty forthwith in connection with the conviction which led to this appeal subject of this revision unless otherwise lawfully held.
Dated and reviewed at Kisumu this 23rd day of February 2011
ROSELYN N. NAMBUYE
JUDGE
RNN/aao