[2020] KEHC 7063 (KLR)
The court found that the sentence of 2½ years imprisonment imposed on the applicant, who was convicted on his own plea of guilty for stealing by servant, was lawful and lenient given the seriousness of the offence, the breach of trust involved, and the minimal recovery of stolen property. The applicant's status as a...
Source-derived case information.
- Citation
- [2020] KEHC 7063 (KLR)
- Parties
- Applicant: Benard Shichende Shilibwa; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 43 of 2020
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Sentence
- Outcome
- application for revision of sentence dismissed
- Judges
- RE Aburili
- Legal Topics
- Stealing by Servant, Sentencing, Revision of Sentence
- 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
Benard Shichende Shilibwa
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Whether the sentence imposed on the applicant for stealing by servant was excessive or required revision.
- 2 Whether the applicant's mitigation and status as a first offender warranted a reduction of sentence.
Ratio Decidendi
The court found that the sentence of 2½ years imprisonment imposed on the applicant, who was convicted on his own plea of guilty for stealing by servant, was lawful and lenient given the seriousness of the offence, the breach of trust involved, and the minimal recovery of stolen property. The applicant's status as a first offender and his mitigation were considered, but did not outweigh the aggravating factors. The court held that there was no justification to revise the sentence, emphasizing the need for rehabilitation and reformation before release.
Court Disposition
application for revision of sentence dismissed
Orders
- The request for sentence revision is rejected.
- The convict to serve the full sentence imposed.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
CRIMINAL REVISION NO. 43 OF 2020
(CORAM: R. E. ABURILI - J.)
BENARD SHICHENDE SHILIBWA.....APPLICANT
VERSUS
REPUBLIC...........................................RESPONDENT
(Being an Application for Revision of sentence vide Criminal Case No. 1058 of 2019 in the Principal Magistrate’s Court, Bondo dated 18. 12. 2019 before Hon. E.N. Wasike, SRM)
RULING
1. The convict Bernard Shichende Shilibwa was on 18/12/2019 convicted on his own plea of guilty of the offence of Stealing by Servant contrary to Section 281 of the Penal Code. The value of the stolen property which was mainly household goods was estimated at Kshs. 122,000/=.
2. The convict was sentenced to serve 2½ years imprisonment. He is a first offender and in his mitigation he stated that he had children who were school going. He pleaded for leniency. No Presentence Report was called for and neither is this court in a position to call for one at the moment as the probation officers are unable to access inmates and other significant persons for purposes of interviewing them.
3. I have considered the request for sentence revision. The convict has served only 3 months of the 2½ years imprisonment imposed. Very few items stolen were recovered. The convict was entrusted with property as an employee of the complainant. He turned into a thief. The offence is serious. I find no reason to revise the lawful lenient sentence imposed on the convict. He requires rehabilitation and reformation before being released back into the community. He ought to have known the consequences of his actions.
4. I reject the request for sentence revision and dismiss it. The convict to serve full sentence and enroll in life skills trainings offered by the Prisons authorities for him to learn to eke a living through hard work.
5. Orders accordingly.
Dated, signed and Delivered at Siaya, this 23rd Day of March, 2020.
R.E. ABURILI
JUDGE