[2006] KEHC 1833 (KLR)
The court found that although the offence of grievous harm is serious, the appellant had pleaded guilty, shown remorse, and had already served a significant period in custody since 3rd November 2003. Taking these mitigating factors into account, the court held that the sentence should be reduced to the period...
Source-derived case information.
- Citation
- [2006] KEHC 1833 (KLR)
- Parties
- Appellant: Shadrack Lekekeny Kirangany; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 513 of 2003
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- Appeal on sentence allowed; sentence reduced to period already served.
- Legal Topics
- Sentencing Principles, Grievous Harm, Plea of Guilty
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Shadrack Lekekeny Kirangany
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence of 4 years imprisonment for grievous harm was harsh and excessive in the circumstances.
- 2 Whether the appellant's plea of guilty and expression of remorse warranted a reduction of sentence.
Ratio Decidendi
The court found that although the offence of grievous harm is serious, the appellant had pleaded guilty, shown remorse, and had already served a significant period in custody since 3rd November 2003. Taking these mitigating factors into account, the court held that the sentence should be reduced to the period already served, as the original sentence was excessive in the circumstances.
Court Disposition
Appeal on sentence allowed; sentence reduced to period already served.
Orders
- The appellant's sentence is reduced to the period already served.
- The appellant shall be set at liberty unless otherwise lawfully held.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAKURU
Criminal Appeal 513 of 2003
(From original conviction and sentence in Criminal Case No. 2576 of 2003 of the Senior Resident Magistrate’s Court at MOLO – R. K. KIRUI, SRM)
SHADRACK LEKEKENY KIRANGANY….........................................................….APPELLANT
VERSUS
REPUBLIC…………………………….....................................................………..RESPONDENT
JUDGMENT
The appellant was charged with grievous harm contrary to Section 234 of the Penal Code. The particulars of the offence were that on the 8th April 2003 at MarishonI Farm, Elburgon in Nakuru district, he unlawfully did grievous harm to Emily Kirangany. He pleaded guilty to the said charge and was convicted and sentenced to 4 years imprisonment. The appellant was aggrieved by the said sentence and appealed against the same. In his submissions during the hearing of the appeal he told the court that the sentence was harsh and urged the court to reduce the same.
Mr. Koech, learned state counsel, opposed the appeal saying that the complainant sustained serious injuries and the sentence that was handed down by the trial court was reasonable in the circumstances.
I have considered the proceedings before the trial court as well as the submissions that were made by both the appellant and the learned state counsel. The complainant was a sister to the appellant and the appellant readily admitted having assaulted her inflicting upon her grievous harm. He showed remorse and urged the trial court to be lenient to him.
I have taken into consideration the fact that the appellant has been in jail since 3rd November 2003. In the circumstances I allow his appeal on sentence and reduce the same to the period already served. The appellant shall be set at liberty unless otherwise lawfully held.
DATED, SIGNED and DELIVERED at Nakuru this 29th day of June, 2006.
D.MUSINGA
JUDGE
29/6/2006
Judgment on 29/6/2006 in the presence of Mr. Koech for the state and the appellant.
D. MUSINGA
JUDGE
29/6/2006