[2008] KEHC 2353 (KLR)
The court found that the offence committed by the appellant was grave, involving unprovoked violence resulting in severe injuries to the complainant. The trial court's sentence of 7 years' imprisonment was well within the statutory maximum of life imprisonment for grievous harm under section 234 of the Penal Code....
Source-derived case information.
- Citation
- [2008] KEHC 2353 (KLR)
- Parties
- Appellant: Stephen Ochieng Abanga; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 146 of 2007
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Grievous Harm, Sentencing, Appeals Against Sentence, Penal Code Section 234
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stephen Ochieng Abanga
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence of 7 years' imprisonment for grievous harm was harsh or excessive.
- 2 Whether there was any justification for the appellate court to interfere with the sentence imposed by the trial court.
Ratio Decidendi
The court found that the offence committed by the appellant was grave, involving unprovoked violence resulting in severe injuries to the complainant. The trial court's sentence of 7 years' imprisonment was well within the statutory maximum of life imprisonment for grievous harm under section 234 of the Penal Code. The appellate court held that there was no basis to interfere with the sentence, as it was neither harsh nor excessive in the circumstances. The appeal was therefore dismissed, and the sentence affirmed.
Court Disposition
appeal dismissed
Orders
- The appeal is dismissed.
- The sentence of 7 years' imprisonment imposed by the trial court is upheld.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA OF KISII
Criminal Appeal 146 of 2007
STEPHEN OCHIENG ABANGA ………………… APPELLANT
VERSUS
REPUBLIC ……………………………………….. RESPONDENT
(From original conviction and sentence of the Senior Resident Magistrate’s at Homa Bay, in Criminal Case No.755 of 2007 by S. M. MWENDWA Esq. RM)
JUDGMENT
The appellant was convicted of grievous harm contrary to section 234 of the Penal Code and sentenced to 7 years’ imprisonment. He was aggrieved by the said sentence and preferred an appeal to this court. The evidence that was adduced against him revealed that on 2nd June 2007 at about 7 a.m he met Violet Akinyi Baraza, the complainant. The appellant had been trying to befriend the complainant but she had completely refused his advances. On the material day, the appellant met the complainant and he ordered her to accompany him. She refused and went away. The appellant ran after her and when he caught up with her he started slashing her legs with a panga. The complainant had not provoked the appellant at all. The appellant was simply bitter with the complainant because she had refused to befriend him. Medical evidence, which was tendered, showed that the injuries that were inflicted on the complainant were very severe and as at August 2007, the complainant could not walk properly.
Having considered the gravity of the offence and the manner in which the offence was committed, I do not see any reason for interfering with the sentence that was passed by the trial court. The maximum sentence for such a felony is life imprisonment. The sentence that was handed down by the trial court cannot therefore be said to be harsh or excessive. I dismiss this appeal.
DATED, SIGNED and DELIVEREDat KISII this 13th Day of June, 2008.
D. MUSINGA
JUDGE.Delivered in open court in the presence:
______________________ for the appellant
Mr. Kemo, Senior Principal State Counsel for the Republic
D. MUSINGA
JUDGE.