Case Metadata |
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| Case Number: | Criminal Appeal 111 of 2006 |
|---|---|
| Parties: | SUSAN NASWA v REPUBLIC |
| Date Delivered: | 14 May 2007 |
| Case Class: | Criminal |
| Court: | High Court at Bungoma |
| Case Action: | Judgment |
| Judge(s): | Wanjiru Karanja |
| Citation: | SUSAN NASWA v REPUBLIC [2007] eKLR |
| Case Summary: | Criminal Procedure- Appeal- Sentence- appeal against sentence of one year- where the appellant was an elderly woman- where she has already served 5 months in prison- where injuries sufferred by the complainant were not of a seroou effect- whether theappeal was allwoed |
| 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
AT BUNGOMA
Criminal Appeal 111 of 2006
SUSAN NASWA………………………..…...…………..APPELLANT
VS
REPUBLIC……………………………………………RESPONDENT
JUDGMENT OF THE COURT
I have heard the submissions by both learned counsel on the issue of the sentence in this matter.
Although the 1st appellant is not in court, the record shows that she is 65 years old. That is certainly an advanced age and unless there are extreme circumstances that militate against a non-custodial sentence, or in instances where the court lacks discretion in the nature of the sentence to impose, such an elderly woman should not be in prison.
I have read the probation officer’s report. It is said she was rude and unremorseful. In my considered view, the custodial sentence of 1 year was still on the higher side. She has already served 5 months imprisonment. The injuries on the complainant were not serious.
2nd appellant on the other hand was also said to have been unremorseful and hence the sentence passed on him. While appreciating that the sentence imposed on the 2 appellants was lawful, I feel that in the spirit of decongesting prisons and also due to the fact that they have both served a prison term of 5 months, I can justifiably interfere with the said sentence.
Accordingly, the appeal against the sentence is allowed. The sentence of 1 year imprisonment for each appellant is hereby set aside. In its place the sentence is reduced to the term already served. The appellants are accordingly set free unless they are otherwise lawfully held.
W. KARANJA
JUDGE
14/5/2007
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