[2017] KEHC 2437 (KLR)
The court found that the sentence of 4 years imprisonment imposed on the appellant, who pleaded guilty to burglary and stealing, was not harsh given the circumstances. Only a handful of the stolen items were recovered, and the Penal Code prescribes much higher maximum sentences for the offences. The trial court...
Source-derived case information.
- Citation
- [2017] KEHC 2437 (KLR)
- Parties
- Appellant: Andrew Kereti; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Busia
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 14 of 2017
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed
- Judges
- KW Kiarie
- Legal Topics
- Burglary, Sentencing, Plea of Guilty, Theft in Dwelling, Penal Code Interpretation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Andrew Kereti
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence of 4 years imprisonment for burglary and stealing was harsh or excessive.
- 2 Whether the conviction and sentence were in accordance with the law.
Ratio Decidendi
The court found that the sentence of 4 years imprisonment imposed on the appellant, who pleaded guilty to burglary and stealing, was not harsh given the circumstances. Only a handful of the stolen items were recovered, and the Penal Code prescribes much higher maximum sentences for the offences. The trial court exercised its discretion within the statutory limits, and there was no basis for interfering with the sentence. The appeal was therefore dismissed.
Court Disposition
appeal dismissed
Orders
- The appeal is dismissed.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT BUSIA
CRIMINAL APPEAL NO. 14 OF 2017
ANDREW KERETI.........................APPELLANT
VERSUS
REPUBLIC..........................................REPUBLIC
(Fromthe original conviction and sentence in Criminal case No. 628 of 2017 of the Chief Magistrate’s Court at Busia by Hon W.Chepseba – Chief Magistrate)
JUDGMENT
ANDREW KERETIthe appellant herein was convicted for the offence of burglary contrary to section 304(2) and stealing contrary to section 279 (b) of the Penal code.
The particulars of the offence are that on the night of 14th April 2017 at ESIKHULU Village of BUSIA County broke and entered into the dwelling house of BENARD NYONGESA WEREand stole from therein property valued at Kshs. 138 000/= the property ofBENARD NYONGESA WERE.
He pleaded guilty to the offence and was sentenced to serve 4 years imprisonment.
The appellant was in person. He contended that the sentence was harsh and pleaded for its reduction.
The facts of the prosecution case were briefly as follows:
On the 14th April 2017 the complainant left his house and went to his parents’ home. When he returned, he found several of his items among them a mobile phone stolen. He reported to the police. The police traced the phone to the appellant. From his house an electrical iron box, 3 pairs of shoes and some clothes of the complainant were recovered.
The appellant pleaded guilty to the offence and was sentenced to serve 4 years imprisonment after his conviction. He now contends that the sentence was harsh.
The state through Mr. Owiti, learned counsel opposed the appeal.
Section 279(b) of the Penal Code provides as follows:
if the thing is stolen in a dwelling-house, and its value exceeds one hundred shillings, or the offender at or immediately before or after the time of stealing uses or threatens to use violence to any person in the dwelling-house;the offender is liable to imprisonment for fourteen years.
Whereas section 304(2) of the Penal Code provides as Follows:
If the offence is committed in the night, it is termed burglary, and the offender is liable to imprisonment for ten years.
Only a handful of the stolen items were recovered. The sentence of 4 years cannot be said to be harsh. I accordingly dismiss the appeal.
DELIVEREDandSIGNEDatBUSIA this 7thdayof November, 2017
KIARIE WAWERU KIARIE
JUDGE