[2003] KEHC 464 (KLR)
The court found that the evidence on record did not support a conviction under section 296(2) of the Penal Code but did support a conviction under section 296(1). The appellant, having admitted to the lesser offence and considering the circumstances, including the betrayal of trust as a watchman and the high value...
Source-derived case information.
- Citation
- [2003] KEHC 464 (KLR)
- Parties
- Appellant: Alfred Mulira Juma; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 1189 of 2001
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- Conviction under section 296(2) set aside; conviction under section 296(1) substituted; sentence imposed.
- Legal Topics
- Robbery With Violence, Sentencing, Penal Code Interpretation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Alfred Mulira Juma
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the conviction under section 296(2) of the Penal Code should be substituted with a conviction under section 296(1).
- 2 What is the appropriate sentence for the appellant given the circumstances of the case.
Ratio Decidendi
The court found that the evidence on record did not support a conviction under section 296(2) of the Penal Code but did support a conviction under section 296(1). The appellant, having admitted to the lesser offence and considering the circumstances, including the betrayal of trust as a watchman and the high value of unrecovered stolen goods, warranted a stiff sentence. The court therefore substituted the conviction and imposed a sentence of seven years imprisonment, four strokes of the cane, and five years police supervision after release.
Court Disposition
Conviction under section 296(2) set aside; conviction under section 296(1) substituted; sentence imposed.
Orders
- Conviction under section 296(2) of the Penal Code set aside.
- Conviction under section 296(1) of the Penal Code entered.
Full Case Text
Judgment text and source record
7 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI CRIMINAL APPEAL NO. 1189 OF 2001 (From Original Conviction and sentence in Criminal Case No. 3829 of 2001 of the senior Principal magistrate’s Court at Kibera) ALFRED MULIRA JUMA………………………………….APPELLANT VERSUS REPUBLIC…………………………………………………..RESPONDENT J U D G M E N T The appellant was convicted of the offence of Robbery with violence c/s 296(2) of The Penal Code and sentenced to death. This appeal arises from the said conviction. At the hearing of this appeal, the appellant asked for substitution of the conviction to fall under section 296(1) of the Penal Code. The learned counsel for the Republic had no objection thereto but asked the court to take into consideration the conduct of the appellant in betraying the trust to his employer. In effect, the appellant was admitting the offence of Robbery C/s 296(1) of the Penal Code.
On our evaluation of the evidence on record, we believe substitution is warranted. Accordingly, we set aside the conviction under section 296(2) of the Penal Code and in place thereof enter a conviction under section 296(1) of the Penal Code.
The appellant was first brought to court on 22nd June, 2001. He has been in custody for just about two years. His records were not available when he was sentenced on 13th November, 2001 and so he was treated as a first offender.
The appellant was employed as a watchman. He betrayed his employer. The goods stolen were said to be worth kshs. 1. 7 million. Nothing was recovered. We are of the view that a stiff sentence is called for. We order that the appellant shall serve seven years imprisonment from the date of conviction. He shall also receive four strokes of the cane. After release from prison, he shall be under police supervision for five years. Orders accordingly.
Right of appeal explained.
Dated and delivered at Nairobi this 4th day of June, 2003. MBOGHOLI MSAGHA JUDGE R. M. MUTITU JUDGE