[2020] KEHC 7192 (KLR)
The court found that the sentence of five years imprisonment for the offence of grievous harm was neither manifestly harsh nor excessive, given the gravity of the offence, the nature of the injuries inflicted, and the aggravating circumstances, including the intent to kill. The trial court had properly considered...
Source-derived case information.
- Citation
- [2020] KEHC 7192 (KLR)
- Parties
- Appellant: Samuel Nyamongo Nyang’au; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 22 of 2018
- Procedural Posture
- Criminal Appeal / Judgment on Appeal Against Sentence
- Outcome
- appeal dismissed
- Judges
- DW Mbuteti
- Legal Topics
- Sentencing Principles, Grievous Harm, Penal Code Section 234
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samuel Nyamongo Nyang’au
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Legal Issues
- 1 Whether the sentence of five years imprisonment for grievous harm was manifestly harsh or excessive.
- 2 Whether there was any justifiable cause to interfere with the sentence imposed by the trial court.
Ratio Decidendi
The court found that the sentence of five years imprisonment for the offence of grievous harm was neither manifestly harsh nor excessive, given the gravity of the offence, the nature of the injuries inflicted, and the aggravating circumstances, including the intent to kill. The trial court had properly considered all relevant factors, and there was no justifiable cause for the appellate court to interfere with the sentence. Accordingly, the appeal against sentence was dismissed.
Court Disposition
appeal dismissed
Orders
- The appeal against sentence is dismissed.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NANYUKI
CRIMINAL APPEAL NO.22 OF 2018
SAMUEL NYAMONGO NYANG’AU....APPELLANT
VERSUS
REPUBLIC............................................RESPONDENT
(Appeal from original Sentence dated 21/02/2018 in Nanyuki CM Criminal Case No.1947 of 2017 – D. Bosibori, RM)
J U D G M E N T
1. The Appellant herein, SAMUEL NYAMONGO NYANG’AU, was convicted after trial of grievous harmcontrary to section 234 of the Penal Code. The particulars of the offence were that on 10/12/2017 at Shika Adabu area within Laikipia East Sub-County of Laikipia County, he unlawfully did grievous harm to one ABDI MASRI WAES. On 21/02/2018 he was sentenced to serve five (5) years imprisonment. The Appellant has appealed only against the sentence. The Republic supports the sentence.
2. I have considered the submissions of the Appellant and those of the learned counsel for the Respondent. Grievous harm is a serious offence that carries a maximum sentence of life imprisonment. Under section 4 of the Penal Code the term “grievous harm” means -
“…any harm which amounts to a maim or dangerous harm, or seriously or permanently injures health, or which is likely to so injure health, or which extends to permanent disfigurement, or to any permanent or serious injury to any external or internal organ, membrane or sense.”
3. In this present case the Appellant attacked the complainant and administered on him a deep cut on his right wrist with a slasher which cut through tendons. He was admitted in hospital for 4 days. The injury was medically classified as “maim”.
4. In sentencing the Appellant the trial court considered the gravity of the offence and the aggravating circumstances. The court was satisfied that the Appellant had intended to kill the complainant.
5. I am not satisfied that there is any justifiable cause to interfere with the sentence; it was not manifestly harsh or excessive, given the circumstances of the offence.
6. This appeal against sentence has no merit. It is hereby dismissed. It is so ordered.
DATED AND SIGNED AT NANYUKI THIS 11TH DAY OF MARCH 2020
H P G WAWERU
JUDGE
DELIVERED AT NANYUKI THIS 12TH DAY OF MARCH 2020