[1998] KEHC 204 (KLR)
The court found that the sentence imposed by the trial magistrate was excessive given the appellant was a first offender, had already spent a substantial period in remand custody, no one was injured during the robbery, and the stolen property was recovered. The court held that these mitigating factors warranted a...
Source-derived case information.
- Citation
- [1998] KEHC 204 (KLR)
- Parties
- Appellant: Stanley Ombima; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 603 of 1999
- Procedural Posture
- Criminal Appeal / Appeal Against Sentence
- Outcome
- appeal allowed (sentence reduced)
- Legal Topics
- Sentencing Principles, Robbery Offences, Remand Custody Credit
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stanley Ombima
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Legal Issues
- 1 Whether the sentence imposed for robbery was excessive in the circumstances.
- 2 Whether the period spent in remand custody should be considered in sentencing.
Ratio Decidendi
The court found that the sentence imposed by the trial magistrate was excessive given the appellant was a first offender, had already spent a substantial period in remand custody, no one was injured during the robbery, and the stolen property was recovered. The court held that these mitigating factors warranted a reduction of the sentence to the period already served.
Court Disposition
appeal allowed (sentence reduced)
Orders
- The sentence is reduced to the period already served by the appellant.
- The appellant shall be released forthwith unless otherwise lawfully held.
Full Case Text
Judgment text and source record
11 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI APPELLATE SIDE CRIMINAL APPEAL NO. 603 OF 1999
(From Original Conviction(s) and Sentence(s) in Criminal case No.6692 of 1995 of the Principal Magistrate’s Court at Kibera, Ondieki, Mrs. (Station and Magistrates Name).
STANLEY OMBIMA........................................................APPELLANT VERSUS REPUBLIC......................................................................RESPONDENT
J U D G M E N T
This is an appeal against sentence only. On conviction of Robbery c/s 296(I) of the Penal Code the appellant was sentenced to 5 years imprisonment with 2 strokes of the case.
As at the time of conviction the appellant had been in remand custody for one year and 3 months. I am told he has spent 2 years and 2 months imprisonment term imposed. He was said to be first offender. No one was injured in the Robbery and the property was recovered.
In view of the foregoing, I consider that the sentence imposed by the learned trial magistrate was excessive.
Accordingly I allow the appeal against sentence by reducing the same to the period already served by the appellant such that he shall be released forthwith unless otherwise lawfully held.
Order accordingly.
Dated and delivered at Nairobi this 17th day of December, 1998
A. MBOGHOLI MSAGHA JUDGE