[2008] KEHC 684 (KLR)
The court found that the sentences imposed on the appellant were lawful given the seriousness of the offences. However, considering the appellant's plea in mitigation and the abandonment of the appeal against conviction, the court exercised its discretion to reduce the total term of imprisonment to six years. The...
Source-derived case information.
- Citation
- [2008] KEHC 684 (KLR)
- Parties
- Appellant: Anthony Wambugu Muturi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 126 of 2007
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed except for reduction of sentence
- Judges
- DK Maraga
- Legal Topics
- House Breaking, Stealing in Dwelling, Handling Stolen Property, Sentencing, Appeal on Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Anthony Wambugu Muturi
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentences imposed on the appellant were excessive and warranted reduction.
- 2 Whether the appellant's plea in mitigation justified a reduction of sentence.
Ratio Decidendi
The court found that the sentences imposed on the appellant were lawful given the seriousness of the offences. However, considering the appellant's plea in mitigation and the abandonment of the appeal against conviction, the court exercised its discretion to reduce the total term of imprisonment to six years. The appeal was otherwise dismissed, affirming the convictions and upholding the principle that mitigation can justify a reduction in sentence even where the original sentence is lawful.
Court Disposition
appeal dismissed except for reduction of sentence
Orders
- The appellant's sentences are reduced to a total term of six years imprisonment.
- The appeal is otherwise dismissed in its entirety.
Full Case Text
Judgment text and source record
12 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAKURU Criminal Appeal 126 of 2007
ANTHONY WAMBUGU MUTURI ………..…..APPELLANT
VERSUS
REPUBLIC…………………….……………..RESPONDENT
JUDGMENT
ANTHONY WAMBUGU MUTURI,the Appellant, with another were, in Nyahururu PM Criminal Case No.4977 of 2006, charged with three counts of house breaking contrary to Section 304(1)and stealing in a dwelling house contrary to Section 279(b) and three counts of handling stolen property contrary to Section 322(2) of the Penal Code. The two were also charged with stealing contrary to Section 275 of the Penal Code. They pleaded not guilty. After trial the Appellant's confederates was acquitted of all the charges for lack of evidence but the Appellant was convicted on counts one, two, three and four. He was sentenced to four years imprisonment on each limb of counts one, two and three and one years imprisonment on count four. The sentences on each count were ordered to run consecutively. He has appealed against both the conviction and the sentences.
At the hearing of the appeal the Appellant abandoned the appeal against conviction and pleaded for the reduction of the sentences. Mr. Mugambi, the learned state counsel, left the matter to me.
I have considered the fact that the Appellant has abandoned the appeal against conviction and on sentence I have considered the seriousness of the offences the Appellant committed. The sentences imposed upon him are lawful but having taken into account the Appellant's plea in mitigation I reduce them to a total term of six years imprisonment.
Save for the said reduction, this appeal is hereby dismissed in its entirety.
DATED and delivered at Nakuru this 11th day of December, 2008.
D. K. MARAGA
JUDGE