[2012] KEHC 3383 (KLR)
The court found that the sentence of seven years imprisonment imposed by the lower court was within the statutory maximum for the offence under Section 259 of the Penal Code. The appellant's plea of guilty constituted an admission of the offence, and the grounds of appeal against sentence were not tenable. The court...
Source-derived case information.
- Citation
- [2012] KEHC 3383 (KLR)
- Parties
- Appellant: Samuel Okumu Okumu; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Busia
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 83 of 2011
- Procedural Posture
- Criminal Appeal / Judgment on Appeal
- Outcome
- appeal dismissed
- Legal Topics
- Sentencing Principles, Plea of Guilty, Child Kidnapping, Family Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samuel Okumu Okumu
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment on Appeal
Legal Issues
- 1 Whether the sentence imposed by the lower court was lawful and appropriate given the circumstances of the case.
- 2 Whether the appellant's plea of guilty and the surrounding family dispute warranted leniency in sentencing.
Ratio Decidendi
The court found that the sentence of seven years imprisonment imposed by the lower court was within the statutory maximum for the offence under Section 259 of the Penal Code. The appellant's plea of guilty constituted an admission of the offence, and the grounds of appeal against sentence were not tenable. The court observed that the appellant did not show remorse or realization of the crime committed. Consequently, there was no basis for interfering with the sentence, and the appeal was dismissed.
Court Disposition
appeal dismissed
Orders
- The appeal is hereby dismissed.
- The appellant shall serve the sentence imposed by the lower court.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT
AT BUSIA
Criminal Appeal 83 of 2011
SAMUEL OKUMU OKUMU ………...........…………………………………………………………..APPELLANT
VERSUS
REPUBLIC …………………………………………………………………………………………RESPONDENT
7/5/2012
Before: Kimaru J.
Mutai – court clerk
Mr. Okeyo for State
Samuel OkumuOkumu – appellant present
APPELLANT
I am ready with my appeal. I have prepared written submissions which I pray that the court considers. This is a family dispute I did not kidnap the child. I did not make the demand. The truth of the matter is that I did not kidnap the child or demand to be paid ransom. The child recognized me as the father. I had stayed with her for six years before we disagreed with my wife. The charge was instigated by my sister-in-law. I have been in jail for two years. I do not know anything about the child. My sister in law was looking for a way to separate me with my wife. I had lived with my wife for six (6) years. I suspected my wife of stealing ksh.70000/= from me but this was an issue I was prepared to resolve domestically. I have no grudge against my sister-in-law. She is the one who has bad intentions for me. This wife is my second wife. We had 2 children. Our other child a boy died. I still love my second wife. I have a first wife who has 4 children. That’s all. This was a family dispute.
OKEYO
We oppose the appeal. The appellant pleaded guilty. The appellant admitted committing the offence in ground 4 & 5. I will respond the appeal on sentence only. Section 259 P.C. on conviction. The maximum sentence is 7 years. The appellant was sentenced to serve seven (7) years imprisonment. The child was recovered and returned to the mother. The seven (7) years imprisonment is lawful. The appeal should be dismissed.
APPELLANT
I plead for leniency from this court. I used to be a fisherman. I am the sole provider to my family. My first born willing form 1 next year.
ORDER
The ground placedbefore this court in the petition of appeal appealing against sentence are not tenable. The sentence was legal. The appellant appears not to be remorseful or to have come into realization of the crime that he committed. The appeal is hereby dismissed. The appellant shall serve the sentence imposed by the lower court.
L. KIMARU
J U D G E