[2001] KEHC 398 (KLR)
The court found that since the appellant's co-accused had his sentence on count 4 reduced from 4 years to 2½ years imprisonment on appeal, and the circumstances of both accused were similar, the appellant was entitled to the same reduction. The conviction on all counts was upheld as there was no challenge to the...
Source-derived case information.
- Citation
- [2001] KEHC 398 (KLR)
- Parties
- Appellant: Samuel Otieno Akanda Onyango; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- ? 549 of ??
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- Appeal against sentence partially allowed; conviction upheld; sentence on count 4 reduced.
- Legal Topics
- Sentencing Appeals, Conviction Upheld, Penal Code Section 357a, Penal Code Section 280
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samuel Otieno Akanda Onyango
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence imposed on the appellant was excessive or should be reduced in light of the co-accused's successful appeal on sentence.
- 2 Whether the conviction on all counts should be upheld.
Ratio Decidendi
The court found that since the appellant's co-accused had his sentence on count 4 reduced from 4 years to 2½ years imprisonment on appeal, and the circumstances of both accused were similar, the appellant was entitled to the same reduction. The conviction on all counts was upheld as there was no challenge to the findings of guilt. The sentences for counts 1, 2, and 3 (15 months each) were upheld, while the sentence for count 4 was reduced to 2½ years imprisonment. All sentences were ordered to run concurrently, ensuring parity and fairness in sentencing between co-accused.
Court Disposition
Appeal against sentence partially allowed; conviction upheld; sentence on count 4 reduced.
Orders
- Conviction on all counts is upheld.
- Sentence of 15 months on counts 1, 2, and 3 is upheld.
Full Case Text
Judgment text and source record
8 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MOMBASA APPELLATE SIDE CRIMINAL APPEAL NO.549 OF 2000 (Being an appeal from Original Conviction and Sentence in Criminal Case No.2199 of 1997 of the Chief Magistrate’s Court at Mombasa – A.O.Muchelule, CM) SAMUEL OTIENO AKANDA ONYANGO …………….. APPELLANT VERSUS REPUBLIC ……………………………………………….. RESPONDENT JUDGMENT In the lower Court the appellant, Samuel Otieno Onyango and David Matundura Omare were convicted and sentenced in Criminal Case No.2199 of 1997. The offences convicted were on 4 counts under Section 357(a) Penal Code and Section 280 Penal Code.
David Matundura Omare was able to process his appeal against conviction and, sentence which was heard by this Court as Criminal Appeal No.546 of 2000 and judgment was delivered on 20/12/2000. In that appeal the appellant pursued only appeal against sentence having abandoned other grounds. The Court upheld conviction and sentence on the first 3 counts and reduced imprisonment term of 4 years to one of 2½ years.
In this appeal Samuel Otieno A. Onyango through his counsel has abandoned all his other grounds and has pursued only that against sentence. Counsel then submitted that the Court should consider the matter in view of that other judgment in Criminal Appeal of the co-accused and order accordingly.
The result is therefore that the judgment on appeal shall be similar namely the conviction is upheld. The sentence of 15 months for each counts 1, 2, and 3 is upheld.
The sentence on Count 4 of 4 years imprisonment is hereby reduced to a period of 2½ years imprisonment.
Sentences to run concurrently.
Dated at Mombasa this 28th Day of August 2001. J. KHAMINWA COMMISSIONER OF ASSIZE