[2009] KEHC 4172 (KLR)
The court found that the sentences imposed by the trial court were excessive and harsh in the circumstances. Taking into account the favourable probation officer's report, the fact that the appellant had already served the sentence for Count 2 and two-thirds of the sentence for Count 1, and the remission provisions,...
Source-derived case information.
- Citation
- [2009] KEHC 4172 (KLR)
- Parties
- Appellant: Shadrack Nalimo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 26 of 2007
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal allowed on sentence
- Judges
- AI Tullu
- Legal Topics
- Sentencing Appeals, Sentence Remission, Excessive Sentencing
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Shadrack Nalimo
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentences imposed by the trial court were excessive and harsh.
- 2 Whether the appellant is entitled to a reduction or quashing of the sentences imposed.
Ratio Decidendi
The court found that the sentences imposed by the trial court were excessive and harsh in the circumstances. Taking into account the favourable probation officer's report, the fact that the appellant had already served the sentence for Count 2 and two-thirds of the sentence for Count 1, and the remission provisions, the court held that the interests of justice required the sentences to be set aside and substituted with lesser terms. The appellant was resentenced to eighteen months' imprisonment for Count 1 and twelve months for Count 2, both of which had already been served. The court ordered the immediate release of the appellant unless otherwise lawfully held.
Court Disposition
appeal allowed on sentence
Orders
- The appeal on sentence is allowed.
- The sentences of the trial court are set aside and quashed.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT ELDORET
Criminal Appeal 26 of 2007
SHADRACK NALIMO …....…...………………………… APPELLANT
VERSUS
REPUBLIC ……………………….…………………… RESPONDENT
JUDGEMENT
I have considered the appeal and the Submissions by the Appellant. He has prosecuted the appeal against sentences only.
The Republic has no objection. It is noted that the Probation Officer’s Report was favourable to the accused.
I do note that the Appellant has served his sentence on Count 2 and that he has served 2/3 of the sentence in Count 1. With remission he should be released anytime.
I agree that the sentences were excessive and harsh. I do hereby allow the appeal on sentences. I set aside and quash the sentence of the trial Court. The Appellant is sentenced to imprisonment for a period of eighteen (18) months in respect of Count 1 and twelve (12) months in respect of Count 2. Since he has served the said sentences, I do hereby order that he be released immediately from prison custody unless otherwise lawfully held.
Orders accordingly.
DATED AND DELIVERED AT ELDORET ON THIS 15TH DAY OF JANUARY, 2009.
M. K. IBRAHIM
JUDGE
In the presence of:
Mr. Chirchir for the State
Appellant in person