Kelvin Kerima Monyanye v State [2019] KEHC 1063 (KLR)
- Court
- High Court of Kenya
- Case number
- 1063
- Citation
- [2019] KEHC 1063 (KLR)
- Decided
- 1 November 2019
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous Criminal ApplicationPostureAppeal from a conviction and sentenceCoramR.E. OUGO
Holding
The 5-year sentence for malicious damage is reduced to 2 years, and the sentences continue to run concurrently.
Facts
The applicant was charged with attempted arson and malicious damage to property. He pleaded guilty and was sentenced to 7 years for attempted arson and 5 years for malicious damage, to run concurrently.
Issues
- Whether the sentences for attempted arson and malicious damage should be revised
- Whether the applicant should serve the remaining sentence on probation
Reasoning
The court found the 5-year sentence for malicious damage excessive and reduced it to 2 years. The applicant's threats and lack of remorse were cited as reasons.
Outcome
The applicant's sentence for malicious damage is reduced from 5 years to 2 years, with the sentences running concurrently.
Orders
- The applicant's sentence for malicious damage is reduced to 2 years
- The sentences for attempted arson and malicious damage continue to run concurrently
Authorities cited
Legislation (2)
- Criminal Procedure Code
- Power of Mercy Act
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
Loading judgment…