Case Metadata |
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| Case Number: | Criminal Appeal 216 of 1987 |
|---|---|
| Parties: | Love v Republic |
| Date Delivered: | 19 Oct 1987 |
| Case Class: | Criminal |
| Court: | High Court at Machakos |
| Case Action: | Judgment |
| Judge(s): | Edward Nii Adjar Torgbor |
| Citation: | Love v Republic[1987] eKLR |
| Court Division: | Criminal |
| County: | Machakos |
| History Advocates: | Neither party represented |
| History County: | Baringo |
| Case Outcome: | Allowed |
| 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 MACHAKOS
CRIMINAL APPEAL NO 216 OF 1987
LOVE……………….......…….PLAINTIFF
VERSUS
REPUBLIC …………….……DEFENDANT
JUDGMENT
October 19, 1987 Torgbor J delivered the following Judgment.
The appellant was convicted for defilement and sentenced to 3½ years term of imprisonment. Mr Mulwa for the appellant has abandoned the grounds of appeal against conviction, wisely so, as the appellant pleaded guilty. The appeal is therefore against sentence in effect.
Having considered the circumstances of this case it is observed that the appellant gave the complainant Kshs 5 and further the appellant says in his ground of appeal that the complainant agreed. This allegation is not borne out by the proceedings as the appellant said nothing in mitigation.
In all the circumstances of this case however and bearing in mind the forceful appeal presented by Mr Mulwa I am persuaded that sentence was excessive and it is set aside and substituted by a term of imprisonment for 2½ years plus 10 strokes of the cane.
Order accordingly.
October 19, 1987
TORGBOR
JUDGE
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