[2008] KEHC 674 (KLR)
The court found no justification for giving the appellant preferential treatment in sentencing, as his co-accused who pleaded guilty received the same sentence. The appellant, having pleaded not guilty and been tried, was fortunate to receive a sentence equal to that of his co-accused. The appeal for reduction of...
Source-derived case information.
- Citation
- [2008] KEHC 674 (KLR)
- Parties
- Appellant: Sammy Karanja Waweru alias Kausi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 25A of 2008
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed
- Judges
- DK Maraga
- Legal Topics
- House Breaking, Stealing, Sentencing, Appeal Dismissal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Sammy Karanja Waweru alias Kausi
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence imposed on the appellant was harsh and warranted reduction.
Ratio Decidendi
The court found no justification for giving the appellant preferential treatment in sentencing, as his co-accused who pleaded guilty received the same sentence. The appellant, having pleaded not guilty and been tried, was fortunate to receive a sentence equal to that of his co-accused. The appeal for reduction of sentence lacked merit and was dismissed in its entirety.
Court Disposition
appeal dismissed
Orders
- The appeal is dismissed in its entirety.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEAL OF KENYA
AT NAKURU
Criminal Appeal 25A of 2008
SAMMY KARANJA WAWERU alias KAUSI…APPELLANT
VERSUS
REPUBLIC………………………………...….RESPONDENT
JUDGMENT
SAMMY KARANJA WAWERU alias KAUSI, the Appellant, was with two others charged with house breaking contrary to Section 304(1) and stealing contrary to Section 279(b) of the Penal Code. His co-accused pleaded guilty to the charge and were sentenced to thirty and eighteen months imprisonment on the first and the second limbs respectively. The Appellant pleaded not guilty but after trial he was convicted of the offence and given the same sentence. He has appealed against both the conviction and sentence.
At the hearing of the appeal the Appellant abandoned the appeal against conviction and pleaded for the reduction of the imprisonment term describing it as harsh. He also said that his children were displaced by the post-election clashes and are now loitering in town. He pleaded for the reduction of his imprisonment term so that he can go home and take care of them. Mr. Gumo for the state left the issue of sentence to me.
Having considered the appeal I find no good reason to give the Appellant preferential treatment. His co-Accused who pleaded guilty to the charge were sentenced to a total of 30 months imprisonment. Having pleaded not guilty and tried the Appellant is lucky to have been given the same sentence as his co-Accused. This appeal has no merit and I hereby dismiss it in its entirety.
DATED and delivered at Nakuru this 11th day of December, 2008.
D. K. MARAGA
JUDGE