[2024] KEHC 9084 (KLR)
The court found that the applicant remained in custody from arraignment until conviction and sentencing, but the sentence of 11 years imposed was already lenient given the gravity of the offence, which involved penetration by force and threats to kill. The court held that the sentence was lawful and not excessive,...
Source-derived case information.
- Citation
- [2024] KEHC 9084 (KLR)
- Parties
- Appellant: Samwel Sambu alias Thiondo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kilgoris
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E002 of 2023
- Procedural Posture
- Criminal Revision / Judgment
- Outcome
- application dismissed
- Judges
- F Gikonyo
- Legal Topics
- Sentencing Principles, Time Spent in Custody, Sexual Offences, Appeal Dismissal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samwel Sambu alias Thiondo
Appellant
Republic
Respondent
Procedural Posture
Criminal Revision / Judgment
Legal Issues
- 1 Whether the applicant is entitled to have the time spent in custody considered in the computation of his sentence.
- 2 Whether the sentence imposed was lawful, harsh, or excessive under the Sexual Offences Act.
Ratio Decidendi
The court found that the applicant remained in custody from arraignment until conviction and sentencing, but the sentence of 11 years imposed was already lenient given the gravity of the offence, which involved penetration by force and threats to kill. The court held that the sentence was lawful and not excessive, as previously determined on appeal, and that the application for further reduction based on time spent in custody was not merited. The revision application was therefore dismissed.
Court Disposition
application dismissed
Orders
- The revision application by the applicant is dismissed.
Full Case Text
Judgment text and source record
19 paragraphs
Sambu alias Thiondo v Republic (Criminal Revision E002 of 2023) [2024] KEHC 9084 (KLR) (24 July 2024) (Judgment)
Neutral citation: [2024] KEHC 9084 (KLR)
Republic of Kenya
In the High Court at Kilgoris
Criminal Revision E002 of 2023
F Gikonyo, J
July 24, 2024
Between
Samwel Sambu alias Thiondo
Appellant
and
Republic
Respondent
Judgment
Time spent in custody 1. The applicant had filed several applications before the court. On May 8, 2024, he withdrew the other applications in favour of this one; and limited it only consideration of time spent in custody in his sentence.
2. The record shows that he was arraigned in court on February 27, 2018 and was granted bond on March 14, 2018 of Khshs. 200,000 with one surety of similar amount. But, it appears he did not raise the bond. He remained in custody. He was convicted and sentenced on 24. 5.2019. He filed appeal KISII HCCRA number 50 of 2019 which was dismissed by the court (Kimani J) who noted that sentence provided in section 3(3) of the Sexual Offences Act is; not less than ten years but which may be enhanced to imprisonment for life’. And, the judge concluded that:‘The sentence is thus lawful and neither harsh nor excessive’.
3. The circumstances and the manner in which the offence was committed; penetration by force and use of threats to kill the victim is ruffian and utter cruelty. Such offence leaves the victim with post-traumatic effects which completely detracts from the dignity and worth of the person. Therefore, the sentence of 11 years imposed on the applicant was too lenient, spending the purport of section 333(2) of the CPC.
4. In the upshot, this revision application by the applicant is dismissed.
DATED, SIGNED, AND DELIVERED AT KILGORIS THROUGH MICROSOFT TEAMS ONLINE APPLICATION THIS 24TH DAY OF JULY , 2024. …………………………….HON. F. GIKONYO M.JUDGEIn the presence of:C/A – Mr. LekenMr. Okeyo for ODPP - PresentThe Appellant - Present