[2002] KEHC 500 (KLR)
The court found that both appellants, having accepted their convictions and being first offenders, deserved leniency in sentencing. The court also noted the undue delay of eleven months in concluding a simple case, which contributed to the appellants' mental anguish. Consequently, the sentence on the first count for...
Source-derived case information.
- Citation
- [2002] KEHC 500 (KLR)
- Parties
- Appellant: Vincent Mumanyi Ratemo; Appellant: Moses Githinji Gathu; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 1172 & 1175 of 2001
- Procedural Posture
- Criminal Appeal / Judgment on Appeal Against Sentence
- Outcome
- Sentence on first count reduced for both appellants; other sentences for second appellant to run concurrently and stand.
- Judges
- VV Patel
- Legal Topics
- Sentencing Principles, First Offender, Appeal Against Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Vincent Mumanyi Ratemo
Appellant
Moses Githinji Gathu
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Legal Issues
- 1 Whether the sentences imposed on the appellants were excessive or warranted reduction.
- 2 Whether the status of the appellants as first offenders should mitigate the sentence.
Ratio Decidendi
The court found that both appellants, having accepted their convictions and being first offenders, deserved leniency in sentencing. The court also noted the undue delay of eleven months in concluding a simple case, which contributed to the appellants' mental anguish. Consequently, the sentence on the first count for each appellant was reduced to two years imprisonment plus two strokes, while the concurrent sentences for the second appellant on other counts were left to stand.
Court Disposition
Sentence on first count reduced for both appellants; other sentences for second appellant to run concurrently and stand.
Orders
- Sentence against each appellant on the first count is reduced to two years imprisonment plus two strokes each.
- Sentences of Moses Githinji Gathu on other counts to run concurrently and stand.
Full Case Text
Judgment text and source record
50 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
APPELLATE SIDE
CRIMINAL DIVISION
CRIMINAL APPEAL NO.1172 OF 2001
(From Original Conviction and Sentence in Criminal Appeal No.9061
of 2001 of the Senior Principal Magistrate’s Court at Kibera)
VINCENT MUMANYI RATEMO…..........…..…….……..APPELLANT
VERSUS
REPUBLIC …………….…………..........……….…….RESPONDENT
10. 30 A.M.
19/3/2002
Both appellants present
No appearance for Republic –served
1ST APPELLANT
I drop the appeal against the conviction. On sentence pray for lenience.
I am sorry. My first offence.
2ND APPELLANT
I also drop my appeal against the convictions. Pray for leniency. I am remorseful. My first offence
V.V. PATEL
JUDGE
19/3/2002
IN THE HIGH COURT OF KENYA
AT NAIROBI
CRIMINAL DIVISION
CRIMINAL APPEAL NO.1172 OF 2001
(From Original Conviction and Sentence in Criminal Appeal No.9061
of 2001 of the Senior Principal Magistrate’s Court at Kibera)
VINCENT MUMANYI RATEMO....................APPELLANT
VERSUS
REPUBLIC...........................................RESPONDENT
CONSOLIDATED WITH
CRIMINAL APPEAL NO.1175 OF 2001
(From Original Conviction and Sentence in Criminal Appeal No.9061
of 2001 of the Senior Principal Magistrate’s Court at Kibera).
MOSES GITHINJI GATHU...............................................APPELLANT
VERSUS
REPUBLIC.................................................................RESPONDENT
JUDGMENT
Criminal Appeal No.1172 and 1175 of 2001 are consolidated.
The appeals are only against the sentences.
I have considered the evidence on record. Both appellants have now accepted the convictions are proper. Both appellants were first offenders.
It took some eleven months in the court below to end a case so simple as this one. These delays must stop. Think of the mental agony of the appellants for such a long period.
ORDER
Sentence against each of the two appellants on the 1st count is reduced to two years imprisonment plus 2 strokes each.
The sentences of Moses Githinji (the 2nd appellant) on the other counts to run concurrently stand.
Dated and delivered AT Nairobi this 19th day of March 2002.
V.V. PATEL
JUDGE