[2003] KEHC 399 (KLR)
The court found that imposing a cumulative sentence of 6 years and 3 months for misdemeanour offences, all committed in the same transaction, was harsh, punitive, and excessive. The offences were misdemeanours under Section 339(1) of the Penal Code, and the appellant's co-accused had paid fines and were released....
Source-derived case information.
- Citation
- [2003] KEHC 399 (KLR)
- Parties
- Appellant: Samwel Abuka Nyabondo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- ? 310 of ??
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal_allowed
- Judges
- JW Lessit
- Legal Topics
- Sentencing, Malicious Damage to Property, Misdemeanour Offences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samwel Abuka Nyabondo
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence imposed for misdemeanour offences committed in a single transaction was excessive and harsh.
- 2 Whether the sentence should be reviewed in light of the circumstances.
Ratio Decidendi
The court found that imposing a cumulative sentence of 6 years and 3 months for misdemeanour offences, all committed in the same transaction, was harsh, punitive, and excessive. The offences were misdemeanours under Section 339(1) of the Penal Code, and the appellant's co-accused had paid fines and were released. The court exercised its discretion to review the sentence, holding that the sentence already served was sufficient for the charge, and ordered the appellant's immediate release unless otherwise lawfully held.
Court Disposition
appeal_allowed
Orders
- The appeal is allowed.
- The appellant is to be released forthwith unless lawfully held for any other reason.
Full Case Text
Judgment text and source record
10 paragraphs
IN THE HIGH COURT OF KENYA
AT NAKURU
CRIMINAL APPEAL NO.310 OF 2000
(From original conviction and sentence in Criminal
Case No.747/95 of the Senior Resident Magistrate’s
Court at NAROK -S. K. KOROS (R,M,)
SAMWEL ABUKA NYABONDO……………….APPELLANT VERSUS REPUBLIC……………..……………………………..RESPONDENT J U D G M E N T The Appellant has appealed against the sentence imposed upon him by the Narok RM’S Court in Criminal Case No.747/95. He was sentenced in five counts to a fine of Kshs.5000/- each in default 15 months imprisonment each to run consecutively. That brought the cumulative sentence to 6 years and 3 months. The charges facing the Appellant were misdemeanours under S.339(1) of the Penal Code. His co-accused paid the fines and were set free.
The State does not oppose this appeal. I do agree that a sentence of 6 years and 3 months for a misdemeanour committed on the same day is harsh, punitive and excessive. There were six counts of malicious damage to property all committed in the same transaction. I do agree that the Appellant’s sentence calls for a review.
I will allow the appeal by ordering that the Appellant be released forthwith unless lawfully held on grounds the sentence already served is sufficient for the charge.
Dated and delivered at Nakuru this 13th day of March, 2003. JESSIE LESIIT JUDGE