[2008] KEHC 751 (KLR)
The court found that the sentence of five years' imprisonment on each count, even though concurrent, was harsh and excessive given the appellant's plea of guilty, her status as a first offender, and the relatively low value of the stolen items (Kshs. 8,800). The court accepted the State's concession that these...
Source-derived case information.
- Citation
- [2008] KEHC 751 (KLR)
- Parties
- Appellant: Bathseba Moraa Amin; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 283 of 2006
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal_allowed
- Legal Topics
- Sentencing Principles, Plea of Guilty, First Offender, Burglary, Stealing, Mitigation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Bathseba Moraa Amin
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence imposed on the appellant was harsh and excessive given her plea of guilty and status as a first offender.
- 2 Whether the period already served by the appellant was sufficient punishment for the offence committed.
Ratio Decidendi
The court found that the sentence of five years' imprisonment on each count, even though concurrent, was harsh and excessive given the appellant's plea of guilty, her status as a first offender, and the relatively low value of the stolen items (Kshs. 8,800). The court accepted the State's concession that these mitigating factors warranted a reduction in sentence. The court therefore allowed the appeal and reduced the sentence to the period already served, ordering the appellant's immediate release unless otherwise lawfully held.
Court Disposition
appeal_allowed
Orders
- The appeal is allowed.
- The sentence is reduced to the period already served.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KISII
Criminal Appeal 283 of 2006
BATHSEBA MORAA AMIN ……….....……………….. APPELLANT
VERSUS
REPUBLIC …….………………………….…………. RESPONDENT
(From the original conviction and sentence in the Senior Resident
Magistrate’s Court at Ogembo, Criminal Case No.1895 of 2006 by
HON. J. D. KWENA, S.R.M)
JUDGMENT
The appellant was charged with burglary and stealing contrary to section 304(2) and Section 279(b) of the Penal Code. The particulars of the offence were that on the night of 10th and 11th 2006 at Keragia sub-location in Gucha District within Nyanza Province the appellant broke and entered the dwelling house of Edwin Mogusu with intent to steal and did steal from therein two table clothes and other items all valued at Kshs.8,800/= the property of the said Edwin Mogusu.
The appellant was convicted on her own plea of guilty and sentenced to five years’ imprisonment on each limb of the offence. The sentences were to run concurrently.
The appellant was aggrieved by the said sentence and preferred an appeal to this court saying that the sentence was harsh and excessive.
The state through Mr. Kemo, Senior Principal State Counsel conceded the appeal. I agree with Mr. Kemo that considering the fact that the appellant pleaded guilty and the fact that she was a first offender and further considering the value of the stolen items, the sentence was rather harsh. The appellant has been in jail since 15th November, 2006. I allow the appeal and reduce the sentence to the period already served. The appellant is set at liberty unless otherwise lawfully held.
DATED, SIGNEDand DELIVERED at KISIIthis 22nd day of October, 2008.
D. MUSINGA
JUDGE.
Delivered in the open court in the presence of:
The Appellant
Mr. Kemo, Senior Principal State Counsel for the Republic
Mr. Ondari holding brief for Mr. Sagwe for the appellant.
D. MUSINGA
JUDGE