Francis Gitau Wanjiku v Republic [2017] KEHC 1793 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MURANG’A

CRIMINAL APPEAL NO 45 OF 2015

(From original conviction and sentence in Kigumo SPM Criminal Case No 1522 of 2014 – D Orimba, SPM)

FRANCIS GITAU WANJIKU.........APPELLANT

VERSUS

REPUBLIC.................................RESPONDENT

J U D G M E N T

1. The Appellant, Francis Gitau Wanjiku, was convicted after trial of threatening to kill contrary to section 223(1) of the Penal Code.  On 05/05/2015 he was sentenced to four (4) years imprisonment.  He appealed against conviction and sentence, but on 12/07/2017 he withdrew his appeal against conviction.  His appeal against sentence was heard on 30/10/2017.

2. I have considered the Appellant’s submissions and those of learned prosecution counsel who supported the sentence.  I have also perused the record of the trial court.

3. The Appellant threatened to kill his aged grandmother.  While doing so he was armed with a panga and an axe.

4. The offence of which the Appellant stood convicted can attract a maximum of ten (10) years imprisonment.  He got only four (4) years, less than half the possible maximum.  Although he was a first offender and the nature of the offence was such that he would earn no remission and would serve the full sentence, I respectfully agree with the learned counsel that he richly deserved the sentence.

5. I find no merit in the appeal against sentence.  As the appeal against conviction was withdrawn, the net result is that the Appellant’s appeal in its entirety is hereby dismissed.  It is so ordered.

DATED, SIGNED AT MURANG’A THIS 30TH DAY OF NOVEMBER 2017

H P G WAWERU

JUDGE

DELIVERED AT MURANG’A THIS 1ST DAY OF DECEMBER 2017