[1994] KECA 38 (KLR)
The Court of Appeal found that there was an error of principle in the sentencing by the High Court. Consequently, the appellate court exercised its discretion to interfere with the sentence, reducing the prison term to the period already served and substituting it with a corporal punishment of two strokes of the...
Source-derived case information.
- Citation
- [1994] KECA 38 (KLR)
- Parties
- Appellant: Simon Odera Gibiswa; Appellant: David Waizama Kituto; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 16 of 1994
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal_allowed
- Legal Topics
- Sentencing Error, Corporal Punishment, Appeal Outcome
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Simon Odera Gibiswa
Appellant
David Waizama Kituto
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether there was an error of principle in sentencing by the High Court.
- 2 What is the appropriate sentence for the appellants given the identified error.
Ratio Decidendi
The Court of Appeal found that there was an error of principle in the sentencing by the High Court. Consequently, the appellate court exercised its discretion to interfere with the sentence, reducing the prison term to the period already served and substituting it with a corporal punishment of two strokes of the cane for each appellant. The court ordered the immediate release of the appellants after the administration of the corporal punishment.
Court Disposition
appeal_allowed
Orders
- The appeal is allowed.
- The prison sentence is reduced to the period already served.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEAL OF KENYA
AT NAKURU
Criminal Appeal 16 of 1994
1. SIMON ODERA GIBISWA
2. DAVID WAIZAMA KITUTO…………......................................……………………..APPELLANTS
AND
REPUBLIC…………………………………...............................……………………….RESPONDENT
(Appeal from an order of the High Court of Kenya at Eldoret (Mr. Justice Aganyanya) dated 30th September, 1992,
IN
H.C.CR.A. NOS. 192 & 194 OF 1992)
******************************
JUDGMENT OF THE COURT
There is an error of principal in sentencing in this case.
We allow the appeal and reduce the prison sentence to the period already served today and order the appellants to be released forthwith after each receiving a total of two strokes of the cane.
Reasons of our judgment to be given later.
Dated and delivered at Nakuru this 22nd day of February, 1994.
J.M. GACHUHI
……………………..
JUDGE OF APPEAL
A.M. COCKAR
……………………..
JUDGE OF APPEAL
P.K. TUNOI
…………………….
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR