[2010] KEHC 791 (KLR)
The court found that the appellant had served almost the entire sentence for the offence of grievous harm, and that her circumstances as a young mother who had been separated from her children for three years warranted leniency. The court held that the period already served constituted sufficient punishment for the...
Source-derived case information.
- Citation
- [2010] KEHC 791 (KLR)
- Parties
- Appellant: Susan Mwikiuna; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 146 of 2007
- Procedural Posture
- Criminal Appeal / Ruling on Sentence
- Outcome
- appeal allowed in part; sentence reduced to period served
- Legal Topics
- Sentencing, Appeals Against Sentence, Grievous Harm, Penal Code Section 234
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Susan Mwikiuna
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling on Sentence
Legal Issues
- 1 Whether the sentence imposed on the appellant for the offence of grievous harm was excessive or should be reduced.
- 2 Whether the period already served by the appellant constituted sufficient punishment for the offence committed.
Ratio Decidendi
The court found that the appellant had served almost the entire sentence for the offence of grievous harm, and that her circumstances as a young mother who had been separated from her children for three years warranted leniency. The court held that the period already served constituted sufficient punishment for the offence. Consequently, the sentence was reduced to the period already served, and the appellant was ordered to be released unless otherwise lawfully held.
Court Disposition
appeal allowed in part; sentence reduced to period served
Orders
- The appellant's sentence is reduced to the period already served.
- The appellant should be set at liberty unless otherwise lawfully held.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MERU
HCcA NO. 146 OF 2007
SUSAN MWIKIUNA ..........................................................................................APPELLANT
VERSUS
REPUBLIC........................................................................................................RESPONDENT
(An Appeal against the Judgment of Hon. Mr. G. Oyugi S.R.M. inCriminal Case No. 921 of 2007
delivered on 15th September 2004)
R U L I N G
The appellant was convicted for the offence of Grievous Harm C/S 234 of the Penal Code. She was sentenced to 5 years imprisonment. When she came before me on appeal, she informed the court that she has only two months left before she completes her sentence. She therefore indicated that she would only want the court to consider her sentence. The appellant has virtually completed her sentence before the appeal could be heard.
I noted she has served almost the entire prison sentence with a small child whom she was carrying with her when she came to court. She is a young mother. She pleaded for mercy on grounds of her other children whom she says she has not seen for the 3 years she has been in prison. I consider that the sentence so far served is sufficient punishment for the offence committed.
I therefore allow her appeal against the sentence and reduce it to the period already served.
The appellant should be set at liberty unless otherwise lawfully with held.
Dated, signed and delivered at Meru this 15th day of October 2010
Lesiit, J
Judge.