Man jailed for life for causing grievous body harm has sentence reduced to 15 years
Trial judge states that the appellant was a first time offender and appeared remorseful as evidenced in his mitigation and the sentence was harsh and excessive in the circumstances,
The High Court in Kericho has reduced a life imprisonment sentence imposed on a man accused of causing grievous body harm to 15 years in prison.
Everton Kibet Meli was charged and convicted with causing grievous harm to Melvin Cherono and sentenced to life imprisonment by a magistrate’s court.
While overturning the sentence, Justice Joseph Karanja overturned the sentence of stated that the ingredients of the charge including the identification of the appellant was proved beyond reasonable doubt against him. “His conviction was sound and proper and is hereby affirmed.”
However, the trial judge stated that the appellant was a first time offender and appeared remorseful as evidenced in his mitigation and the sentence was harsh and excessive in the circumstances,
“Consequently, the sentence of life imprisonment is hereby set aside and substituted for a sentence of 15 years imprisonment,” Justice Karanja ordered.
The judge added that “rather than the alteration in the sentence, the appeal was disallowed.”
The appellant faced a charge of causing grievous harm contrary to section 234 of the Penal Code.
On March 6, 2023, at Latigo village, Soin Sigowet within Kericho County, he did grievous harm to Melvin Cherono by stabbing her on the belly with a sword and went away leaving it embedded.
The prosecution case was that during the time of the offence, the complainant was a student and the appellant was her boyfriend. They produced six witnesses who testified against the appellant.
On analysing the testimony tabled before the court, the Kericho Resident Magistrate convicted the appellant with the offence and sentenced him to life imprisonment.
Being dissatisfied with the sentence and conviction, he appealed the matter praying the conviction be quashed and set aside.
His major complaint was that the the trial court erred in law and fact by convicting him on evidence that was contradictory and which did not prove the charge beyond reasonable doubt.
After the review of the sentence, the trial Judge set aside the life imprisonment sentence and substituted it with 15 years imprisonment,
“The sentence of life imprisonment is hereby set aside and substituted for 15 years imprisonment,” the Judge ruled.
