[2010] KEHC 2411 (KLR)
The court held that since the appellant pleaded guilty to the charge and admitted the facts, section 348 of the Criminal Procedure Code barred him from appealing against conviction. The court found no issues raised in the petition of appeal to justify revisiting the conviction. Regarding sentence, the court...
Source-derived case information.
- Citation
- [2010] KEHC 2411 (KLR)
- Parties
- Appellant: Vincent Ingosi Aluda; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Bungoma
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 80 of 2008
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed
- Judges
- FN Muchemi
- Legal Topics
- Robbery, Plea of Guilty, Sentencing, Appeals Against Conviction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Vincent Ingosi Aluda
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the appellant is barred from appealing against conviction after pleading guilty.
- 2 Whether the sentence imposed was harsh or excessive.
Ratio Decidendi
The court held that since the appellant pleaded guilty to the charge and admitted the facts, section 348 of the Criminal Procedure Code barred him from appealing against conviction. The court found no issues raised in the petition of appeal to justify revisiting the conviction. Regarding sentence, the court considered the appellant's mitigation, including his status as a first offender and the value of the stolen items, but found the sentence of seven years imprisonment neither harsh nor excessive given the circumstances and the statutory maximum. The appeal was therefore dismissed in its entirety.
Court Disposition
appeal dismissed
Orders
- The conviction is upheld.
- The sentence of seven years imprisonment is upheld.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT BUNGOMA
CRIMINAL APPEAL 80 OF 2008
(From original WBY CR. NO.1458 of 2007)
VINCENT INGOSI ALUDA::::::::::::::::APPELLANT
~VRS~
REPUBLIC::::::::::::::::::::::::::::::::::::RESPONDENT
JUDGMENT
The Appellant Vincent Ingosi Aluda was convicted of the offence of robbery contrary to section 296 (1) of the Penal Code and sentenced to serve seven (7) years imprisonment.He appeals against conviction and sentence.
The state opposed the appeal on grounds that the Appellant stands barred by section 348 of the Criminal Procedure Code to appeal against conviction since he pleaded guilty to the charge.Mrs Leting submitted that the sentence was reasonable in the circumstances.
The Appellant was convicted on his own plea of guilty.The facts of the case were read and he admitted them before conviction.There are no issues raised in the petition of appeal to justify re-opening the chapter of conviction.I therefore uphold the conviction accordingly.
In regard to sentence, the Appellant in mitigation asked for the forgiveness of the court.I believe he meant leniency not forgiveness.He said both his parents are deceased.He was a first offender.The maximum sentence for the offence is fourteen (14) years.The offence was committed at night when the complainant was a sleep in his house and several valuable items were taken away all valued at Ksh.32,000/=.I do not find the sentence imposed harsh or excessive.I find no reason to interfere with it and I uphold it accordingly.The result is that this appeal is dismissed.
F. N. MUCHEMI
JUDGE
Judgment dated and delivered on the 17thday of June, 2010 in the presence of the Appellant and the State Counsel Mrs Leting.
F. N. MUCHEMI
JUDGE