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|Case Number:||Criminal Appeal No.207 Of 2004|
|Parties:||Edward Kichana Gentoto Vs Republic|
|Date Delivered:||29 Nov 2004|
|Court:||High Court at Kisii|
|Citation:||Gentoto v Republic  eKLR|
Criminal Law - assault causing actual bodily harm section of the 251 Penal Code - CRIMINAL PROCEDURE - REVISION - REVISION OF SENTENCE FOR BEING HARSH AND EXCESSIVE
|Disclaimer:||The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information|
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
CRIMINAL APPEAL NO.207 OF 2004
(From original conviction and sentence of the Chief Magistrate’s Court at Kisii
in Criminal Case No.1811 of 2004 – A. A. INGUTYA ESQ., S.R.M)
EDWARD KICHANA GENTOTO ………………………………… APPELLANT
REPUBLIC …………………………………………………………. DEFENDANT
Appellant was convicted for the offence of assault causing actual bodily harm c/s
251 Penal Code by the Senior Resident Magistrate Kisii. He pleaded guilty and was
sentenced to two (2) years imprisonment.
The appeal was against both conviction and sentence. However during the
hearing the appeal against conviction was abandoned.
The State Counsel conceded to the appeal against sentence.
As I said the appellant pleaded guilty. The facts given by the prosecution were
very scanty – just three sentences. Apparently the P3 form was not produced to show the
extent of injuries suffered by the complainant. Appellant was a first offender and he
pleaded for leniency. The sentence of 2 years imprisonment was, in the circumstances
harsh and excessive. The court did not ever say why it felt such a sentence was
warranted. The magistrate did not say why he felt that the appellant could not benefit
from a non-custodial sentence. He did not properly direct himself to give a proper and
just sentence and I will therefore allow the appeal.
Appellant has already served over 3 months of the sentence. I feel that is enough
punishment. I therefore substitute the sentence of two years to one of the period already
served. Appellant be set at liberty unless otherwise lawfully held.
It is so ordered.
Dated and delivered at Kisii this 29th day of November 2004.