Julius Ashira, Tolimo Esho & Moses Kankiriam v Republic [2022] KEHC 705 (KLR)
- Court
- High Court of Kenya
- Case number
- 705
- Citation
- [2022] KEHC 705 (KLR)
- Decided
- 26 April 2022
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCriminal AppealPostureAppeal from a sentence of 10 years' imprisonment for gang rapeCoramF.M. GIKONYO
Holding
The trial court did not violate Section 333(2) of the Criminal Procedure Code as it took into account the time spent in custody.
Facts
The appellants were convicted of gang rape and sentenced to 10 years' imprisonment. They were in custody since 11/10/2019.
Issues
- Whether the time spent in custody was taken into account by the trial court in passing sentence.
- Whether there is a violation of Section 333(2) of the Criminal Procedure Code.
Reasoning
The trial court took into account the time spent in custody, and the appellants were sentenced to 10 years' imprisonment, which was not excessive.
Outcome
The appeals are dismissed.
Authorities cited
Legislation (2)
- Criminal Procedure Code
- Sexual Offences Act No. 3 of 2006
Cases cited (4)
- Njoroge v Republic (1987) KLR
- Okeno v Republic (1972) E.A
- Ahamad Abolfathi Mohammed & Ano vs. R [2018] eKLR
- Bethwel Wilson Kibor vs. R [2009]
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.
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