[2004] KEHC 1788 (KLR)
The court found that the sentences imposed by the trial court were excessive given the appellant's remorse, reconciliation with the complainant (his mother), and the relatively low value of the damaged property. The appellant was a first offender and had pleaded guilty. The court exercised its discretion to set...
Source-derived case information.
- Citation
- [2004] KEHC 1788 (KLR)
- Parties
- Appellant: Stephen Onyango Odawo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- ? 57 of 2004
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal_allowed_in_part
- Legal Topics
- Sentencing Principles, Assault, Malicious Damage to Property, Plea of Guilty
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stephen Onyango Odawo
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence imposed for assault and malicious damage to property was excessive in the circumstances.
- 2 Whether the appellant's remorse and reconciliation with the complainant warranted a reduction in sentence.
Ratio Decidendi
The court found that the sentences imposed by the trial court were excessive given the appellant's remorse, reconciliation with the complainant (his mother), and the relatively low value of the damaged property. The appellant was a first offender and had pleaded guilty. The court exercised its discretion to set aside the custodial sentence for assault and substitute it with a fine, and similarly reduced the fine for malicious damage to property. The court emphasized that sentencing should be proportionate and take into account mitigating factors such as reconciliation and remorse.
Court Disposition
appeal_allowed_in_part
Orders
- The sentence of two years imprisonment for assault is set aside and substituted with a fine of KES 5,000 in default six months imprisonment.
- The sentence of a fine of KES 10,000 for malicious damage to property is set aside and substituted with a fine of KES 5,000 in default six months imprisonment.
Full Case Text
Judgment text and source record
10 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISIICRIMINAL APPEAL NO.57 OF 2004(From original conviction and sentence of the Senior Resident Magistrate’s Court at Oyugis in Criminal Case No.675 of 2004 –S. O. OMWEGA ESQ., S.R.M)STEPHEN ONYANGO ODAWO…………………………………… APPELLANTVERSUSREPUBLIC ………………………………………………………. RESPONDENT
JUDGMENT The appellant was convicted on his own plea of guilty for the offence of assault c/s. 251 Penal Code and that of malicious damage to property c/s.339 (1) Penal Code. In the first count he was jailed for 2 years and in the 2nd count fined shs.10,000/= in default 12 months imprisonment.
Though the appellant had appealed against both conviction and sentence he abandoned the appeal against conviction and canvassed appeal against sentence. Court has told that the appellant is remorseful and has reconciled with his mother who was the complainant.
The learned State Counsel conceded the appeal against sentence. The appellant was said to have assaulted his mother. However he was said to be a first offender and said he was sorry. He prayed for leniency. Court has told he had reconciled with his mother. The sentence of two years meted in the first count was excessive in the circumstances. I set it aside and substitute it with one for a fine of shs.5000/- i/d 6 months imprisonment.As to the said count he was fined shs.10,000/- i/d 12 months imprisonment.
The value of the damaged property was only shs.1,000/=. The sentence was excessive. I set it aside and substitute it with one of shs.5000/= in default 6 months imprisonment.
It is so ordered.
KABURU BAUNIJUDGE.8/7/04
Delivered on 8th July 2004. Mr. Soire for appellant.
KABURU BAUNIJUDGE.