[2004] KEHC 2345 (KLR)
The court found that while the fact that the complainant was the appellant's wife did not mitigate the offence of grievous harm, the sentence of 3 years imprisonment was excessive given that the appellant was a first offender. The court determined that a sentence of 18 months imprisonment was more appropriate in the...
Source-derived case information.
- Citation
- [2004] KEHC 2345 (KLR)
- Parties
- Appellant: Thomas Oyagi Saboke; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- ? 232 of 2003
- Procedural Posture
- Criminal Appeal / Appeal Against Sentence
- Outcome
- sentence varied
- Legal Topics
- Sentencing Principles, Grievous Harm, Plea of Guilty
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Thomas Oyagi Saboke
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Legal Issues
- 1 Whether the sentence of 3 years imprisonment for the offence of grievous harm was excessive given the circumstances of the case.
- 2 Whether the fact that the complainant was the appellant's wife and that the appellant had orphans under his care should mitigate the sentence.
Ratio Decidendi
The court found that while the fact that the complainant was the appellant's wife did not mitigate the offence of grievous harm, the sentence of 3 years imprisonment was excessive given that the appellant was a first offender. The court determined that a sentence of 18 months imprisonment was more appropriate in the circumstances and substituted the original sentence accordingly.
Court Disposition
sentence varied
Orders
- The sentence of 3 years imprisonment is set aside and substituted with a sentence of 18 months imprisonment.
Full Case Text
Judgment text and source record
11 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISII CRIMINAL APPEAL NO.232 OF 2003
(From original conviction and sentence of the SRM’s court at Nyamira in criminal case No.482 of 2003. )THOMAS OYAGI SABOKE ………………………………………….. APPELLANT VERSUS REPUBLIC …………………………………………………………….. RESPONDENTJUDGMENT:
Appellant was convicted on his own plea for the offence of Grievous harm c/s 234 Penal Code by the SRM Nyamira. He has appealed against sentence only.
The appellant was sentenced to 3 years. Court was told this was excessive as the complainant was his wife and that he had some orphans he takes care of.
The fact that the complainant was accused’s wife does not mitigate the offence in anyway. Infact court was told that at the time of sentencing complainant was still in hospital. 3 years was however on the higher side since the accused was a first offender.
I will therefore set aside the sentence and substitute it with that of 18 months imprisonment.
It is so ordered.
KABURU BAUNI JUDGE 5/2/04
Signed, dated and delivered on 5/2/04. Mr. Oguttu H/B for Mr. Soire for appellant.
KABURU BAUNI JUDGE