[1995] KECA 44 (KLR)
The Court of Appeal found that the sentence imposed by the trial court—12 years imprisonment and 96 strokes of corporal punishment—was manifestly excessive given the circumstances. The offences arose from the same transaction, and therefore, the sentences should have been ordered to run concurrently. Additionally,...
Source-derived case information.
- Citation
- [1995] KECA 44 (KLR)
- Parties
- Appellant: Samwel Ambunya Ingutia; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 52 of 1994
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal allowed
- Legal Topics
- Sentencing Principles, Concurrent Sentences, Corporal Punishment, Appeals on Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Samwel Ambunya Ingutia
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence imposed by the trial court was manifestly excessive.
- 2 Whether the sentences should have been ordered to run concurrently rather than consecutively.
- 3 Whether the corporal punishment imposed was excessive in the circumstances.
Ratio Decidendi
The Court of Appeal found that the sentence imposed by the trial court—12 years imprisonment and 96 strokes of corporal punishment—was manifestly excessive given the circumstances. The offences arose from the same transaction, and therefore, the sentences should have been ordered to run concurrently. Additionally, the corporal punishment imposed was disproportionate. The summary dismissal of the appellant's appeal by the High Court was improper as there were arguable points regarding the excessiveness of the sentence. The appellate court therefore allowed the appeal, ordered that the sentences run concurrently, and reduced the corporal punishment to 2 strokes per limb per count, resulting...
Court Disposition
appeal allowed
Orders
- The appeal is allowed.
- Sentences on each limb of the three counts to run concurrently.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT NAKURU
Criminal Appeal 52 of 1994
SAMWEL AMBUNYA INGUTIA……………………………….....................................……APPLICANT
AND
REPUBLIC…………………………………................................………………………..RESPONDENT
(Appeal from a conviction and sentence of the High Court of Kenya at Nakuru (Mr. Justice D.M. Rimita) dated 10th day of January, 1994
IN
H.C.CR.A. NO. 431 OF 1993)
*************************
JUDGMENT OF THE COURT
The sum total of the appellant's sentence amounts to 12 years imprisonment together with 96 strokes of corporal punishment. When the appellant appealed to the superior court against the excessiveness of that sentence the said appeal was summarily dismissed under section 352 (2) of the Criminal Procedure Code. The appellant had been convicted by the Senior Resident Magistrate's Court at Nakuru on three counts of buglarly and stealing contrary to sections 304(2) and 279(b) of the Penal Code and sentenced to 2 years imprisonment together with 8 strokes of corporal punishment on each limb. The sentences were ordered to run consecutively thus making the sum total of 12 years imprisonment together with 96 strokes of corporal punishment as is mentioned above. The sentence in the circumstances of the case before the trial magistrate was certainly manifestly excessive. We think that the prison sentences should have been ordered to run concurrently and the corporal punishment on each limb should have been 2 strokes of the cane on each limb. Accordingly, we consider that the summary dismissal of the appellant's appeal to the superior court was wrong. In the result, we allow this appeal and order that the appellant's sentences imposed on him on each limb of the three counts of burglary and stealing as are narrated above are to run concurrently and the strokes of corporal punishment imposed on him on each limb are reduced to 2 which means that the appellant will now serve a total of 2 years imprisonment together with 12 strokes of corporal punishment.
Dated and delivered at Nakuru this 25th day of September, 1995.
J.E. GICHERU
………………………
JUDGE OF APPEAL
P.K. TUNOI
……………………….
JUDGE OF APPEAL
A.B. SHAH
……………………….
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR