[2017] KEHC 6290 (KLR)
The appellate court found that the evidence on record was sufficient to support the conviction. The stolen goats were tracked to the appellant's manyatta, and the appellant led the tracking team to a slaughterhouse where the skins of three of the goats were recovered. The court found no merit in the claim of a...
Source-derived case information.
- Citation
- [2017] KEHC 6290 (KLR)
- Parties
- Appellant: Balisio Lekwale; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 94 of 2016
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed; conviction and sentence upheld
- Judges
- KW Kiarie
- Legal Topics
- Stock Theft, Criminal Appeals, Evaluation of Evidence, Sentencing Principles
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Balisio Lekwale
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the conviction was based on sufficient evidence.
- 2 Whether the trial court failed to consider the appellant's defence.
- 3 Whether the existence of a grudge with a KWS officer was relevant to the conviction.
Ratio Decidendi
The appellate court found that the evidence on record was sufficient to support the conviction. The stolen goats were tracked to the appellant's manyatta, and the appellant led the tracking team to a slaughterhouse where the skins of three of the goats were recovered. The court found no merit in the claim of a grudge with a KWS officer, as it was not raised during the trial. The trial magistrate had considered the appellant's defence before dismissing it. The sentence of seven years was not deemed harsh in the circumstances. Consequently, both the conviction and sentence were upheld, and the appeal was dismissed.
Court Disposition
appeal dismissed; conviction and sentence upheld
Orders
- The appeal is dismissed.
- The conviction is upheld.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
CRIMINAL APPEAL NO.94 OF 2016
BALISIO LEKWALE.........................................APPELLANT
VERSUS
REPUBLIC.......................................................RESPONDENT
(From the original conviction and sentence in criminal case No. 667 of 2014 of the Chief Magistrate’s Court at Isiolo by Hon. J.M Irura –Ag. Principal Magistrate)
JUDGMENT
The appellant,BALISIO LEKWALE, was convicted for the offence of stealing stock contrary to section 268 as read with section 278 of the Penal Code.
The particulars of the offence were that on 25th September 2013, at Leparua area of Isiolo county, jointly with others not before court, stole thirteen goats valued at Kshs. 91,000/= the property of ISAAC MOHAMED.
The appellant was sentenced to serve seven years imprisonment. He now appeals against both conviction and sentence.
The appellant was in person. He raised three grounds of appeal as follows:
1. That the learned trial magistrate erred in law and in fact by failing to appreciate an existing grudge with KWS officer.
2. That the learned trial magistrate erred in law and in fact by convicting the appellant without sufficient evidence.
3. That the learned trial magistrate erred in law and in fact by failing to consider his defence.
The state opposed the appeal through Mr. Namiti, the learned counsel.
The facts of the prosecution case briefly were as follows:
After the complainant had realized that some of the goats he was grazing were missing, he raised an alarm and he was assisted in tracking them. Some were recovered in the home of the appellant while the appellant led them to where three hides of his other goats were recovered.
The appellant denied any involvement in the offence.
This is a first appellate court. As expected, I have analyzed and evaluated afresh all the evidence adduced before the lower court and I have drawn my own conclusions while bearing in mind that I neither saw nor heard any of the witnesses. I will be guided by the celebrated case of OKENO vs. REPUBLIC [1972 EA] 32.
The issue of an existing grudge with a Mr. Julius Cheruioyot of KWS did not feature anywhere in the proceedings. This is clearly an afterthought.
The evidence on record indicate that after the complainant's goats were stolen, they were tracked to the manyatta of the appellant. The appellant later led the tracking team to a slaughter house where the skins of three of the goats that had already been slaughtered were recovered. This is what PW1,PW2 and PW4 testified to. I therefore find that there was ample evidence on record to convict the appellant.
Though the appellant contended that the learned trial magistrate did not consider his defence, my perusal of the judgment shows that she indeed considered the same before dismissing it.
From the foregoing analysis of the evidence on record, I make a finding that the appeal lacks merit. The same is dismissed.
The sentence of seven years cannot be termed as harsh in the circumstances of this case. Appeal on sentence is likewise dismissed.
DATEDatMERUthis 27th day ofApril, 2017
KIARIE WAWERU KIARIE
JUDGE