[2014] KEHC 6711 (KLR)
The court found that the sentence of four years imprisonment imposed on the appellant, who pleaded guilty to stealing ten head of cattle valued at Ksh. 190,000, was neither harsh nor excessive given the maximum sentence provided by law is fourteen years. The appellant was treated as a first offender and his...
Source-derived case information.
- Citation
- [2014] KEHC 6711 (KLR)
- Parties
- Appellant: Backson Lerai; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 214 of 2012
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed; sentence upheld
- Judges
- GO Shikwe
- Legal Topics
- Sentencing, Cattle Theft, Plea of Guilty
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Backson Lerai
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence of four years imprisonment for the offence of stealing contrary to section 278 of the Penal Code was harsh or excessive.
- 2 Whether there is any reason to interfere with the sentence imposed by the trial court.
Ratio Decidendi
The court found that the sentence of four years imprisonment imposed on the appellant, who pleaded guilty to stealing ten head of cattle valued at Ksh. 190,000, was neither harsh nor excessive given the maximum sentence provided by law is fourteen years. The appellant was treated as a first offender and his mitigation was considered, but the court held that there was no sufficient reason to interfere with the sentence imposed by the trial court. The appeal was therefore dismissed and the sentence upheld.
Court Disposition
appeal dismissed; sentence upheld
Orders
- The appeal is disallowed.
- The sentence of four years imprisonment is upheld.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
CRIMINAL APPEAL NO. 214 OF 2012
BACKSON LERAI …......…..................................................….. APPELLANT
VERSUS
REPUBLIC ……….…….................................................…RESPONDENT
(From original Conviction and Sentence in Criminal Case No. 225 of 2012 of the Principle Magistrate's Court at Voi – Hon. Wahome – P.M.)
JUDGMENT
BACKSON LERAI hereinafter referred to as the Appellant was Convicted and Sentenced to four (4) years imprisonment for the offence of stealing contrary to section 278 of the Penal Code.
The particulars are that:-
“On the 23rd day of March, 2012 at Sophia area within Taita – Taveta County, jointly, with others not before the Court stole ten (10) head of cattle valued at Ksh. 190,000/= the property of JACKLINE SINTOYA”.
The appellant pleaded guilty to the charge and was Convicted on his own plea.
His appeal is on Sentence only. In his mitigation he blames his predicament on outdated traditional and cultural practices which encouraged the taking of cattle from other people and communities.
Section 208 of the Criminal Procedure Code provides for a maximum Sentence of fourteen (14) years imprisonment.
The appellant was treated as a first offender. He admitted stealing ten (10) head of cattle of the value of Ksh. 190,000/=.
The Sentence of four (4) years is not harsh or excessive in the circumstances of this case. There is no reason to interfere with the Sentence. The appeal has no merit and its disallowed.
Sentence upheld.
Judgment delivered dated and signed this 4th day of March, 2014.
….............
M. MUYA
JUDGE
4TH MARCH, 2014
In the presence of:-
Learned State Counsel Mr. Ayodo
The applicant present in person
Court clerk Musundi