Albert Mwangi Kuria v Republic [2016] KEHC 6198 (KLR)

Facts

The appellant, Albert Mwangi Kuria, pleaded guilty to committing an indecent act with a child and was sentenced to ten years imprisonment. The facts were read to the accused, and he confirmed the facts were true. The trial magistrate sentenced him to ten years imprisonment, which was the minimum sentence prescribed by law.

Issues

1. Whether the appellant can appeal against the sentence given that he pleaded guilty and was convicted by a subordinate court.
2. Whether the sentence of ten years imprisonment is legal and can be interfered with.

Reasoning

The court notes that the appellant pleaded guilty and was convicted by a subordinate court. The law only permits an appeal against the extent or legality of the sentence. The sentence of ten years imprisonment is the minimum sentence prescribed by law and is legal.

Outcome

Appeal dismissed