Nabiriki v Republic (Criminal Appeal E033 of 2023) [2024] KEHC 754 (KLR) (31 January 2024) (Judgment)
- Court
- High Court of Kenya
- Case number
- 754
- Citation
- [2024] KEHC 754 (KLR)
- Decided
- 31 January 2024
The appeal succeeds only to the extent that the sentence will commence from the date of arrest. The sentence of 15 years imprisonment is upheld and that the same shall commence from the date of arrest namely 9.2.2018.
Facts
The appellant, Caleb Nabiriki, pleaded guilty to charges of delement and indecent act with a child under the Sexual Offences Act No. 3 of 2006. The complainant was 17 years old at the time of the incident. The appellant befriended the complainant and had sex with her on several occasions, leading to her pregnancy and the birth of a child.
Issues
- Whether the sentence of 15 years imprisonment is harsh and should be reduced
- Whether the period spent in remand before conclusion of the case should be considered
- Whether the appellant has reformed while in prison and should be given another chance in life
Reasoning
The court found the sentence reasonable, appropriate, and commensurate with the appellant's blame worthiness. The period spent in custody must be factored, and the sentence will be adjusted accordingly.
Outcome
Appeal successful to the extent that the sentence commences from the date of arrest.
Orders
- The sentence of 15 years imprisonment is upheld and will commence from the date of arrest (9.2.2018).
Authorities cited
Legislation (5)
- Sexual Offences Act No. 3 of 2006
- Criminal Procedure Code
- Section 8 (1) of the Sexual Offences Act No. 3 of 2006
- Section 8 (4) of the Sexual Offences Act No. 3 of 2006
- Section 333 (2) of the Criminal Procedure Code
Cases cited (1)
- Benard Kimani Gacheru -vs- R (2002) eKLR
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