Stephen Mugane Karuri v Republic [2016] KECA 810 (KLR)
- Court
- Court of Appeal
- Case number
- 810
- Citation
- [2016] KECA 810 (KLR)
The appeal is dismissed as the appellant's plea for reduction of sentence is merely for reduction of sentence which he feels was excessive. The sentence is lawful and the two courts below exercised their discretion.
Facts
The appellant, Stephen Mugane Karuri, was convicted of causing grievous harm to his 14-year-old mentally retarded daughter with a panga. The prosecution proved that the appellant had arrived home drunk, refused to take food prepared by his wife, and left his daughter alone with him. Later that night, the daughter was called by the appellant's niece, who told her the child was dying. The niece took the child to the hospital, where she was treated for a deep cut wound.
Issues
- Whether the appellant's appeal is limited to matters of law only
- Whether the sentence imposed was excessive
Reasoning
The Court of Appeal dismissed the appeal because the appellant's plea for reduction of sentence was not a matter of law but a matter of fact, as declared by Section 361(1)(a) of the Criminal Procedure Code.
Outcome
Appeal dismissed
Orders
- The appeal is hereby dismissed
Authorities cited
Legislation (1)
- Criminal Procedure Code, Section 361(1)(a)
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