[2020] KEHC 2433 (KLR)
The court found that although the offence of stealing by servant carries a maximum sentence of seven years, the appellant was a first offender, pleaded guilty, and the stolen items were recovered. These mitigating factors rendered the sentence of 3½ years manifestly harsh and excessive. The court therefore set aside...
Source-derived case information.
- Citation
- [2020] KEHC 2433 (KLR)
- Parties
- Appellant: Bernard Mwingirwa; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 69 of 2017
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- Appeal partially allowed; sentence reduced.
- Judges
- DW Mbuteti
- Legal Topics
- Sentencing Principles, Stealing by Servant, Plea of Guilty
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Bernard Mwingirwa
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence of 3½ years imprisonment for stealing by servant was manifestly harsh and excessive given the circumstances of the case.
- 2 Whether the sentence should be reduced considering the appellant was a first offender and pleaded guilty.
Ratio Decidendi
The court found that although the offence of stealing by servant carries a maximum sentence of seven years, the appellant was a first offender, pleaded guilty, and the stolen items were recovered. These mitigating factors rendered the sentence of 3½ years manifestly harsh and excessive. The court therefore set aside the original sentence and substituted it with a sentence of two years imprisonment from the date of the original sentencing.
Court Disposition
Appeal partially allowed; sentence reduced.
Orders
- The sentence of 3½ years imprisonment is set aside and substituted with two years imprisonment from 08/05/2017.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NANYUKI
CRIMINAL APPEAL NO 69 OF 2017
BERNARD MWINGIRWA......................................................APPELLANT
VERSUS
REPUBLIC..............................................................................RESPONDENT
(Appeal from original Sentence dated 08/05/2017 in Nanyuki CM Criminal Case No 653 of 2017 – L Mutai, CM)
J U D G M E N T
1. The Appellant herein, BERNARD MWINGIRWA, was convicted upon his own plea of stealing by servant contrary to section 281 of the Penal Code. On 08/05/2017 he was sentenced to 3½ years imprisonment. He appealed only against the sentence.
2. The Appellant stole from his employer one water pump (valued at KShs 50,000/00) and one air compressor (valued at KShs32,000/00). Both items were recovered.
3. The Accused was a first offender who pleaded guilty. Notwithstanding that the offence carried a maximum of seven (7) years imprisonment, I respectfully agree with the learned prosecution counsel that the sentence of 3½ years imprisonment meted out was manifestly harsh and excessive.
4. I will in the circumstances partially allow the appeal against the sentence by setting the same aside and substituting therefor two (2) years imprisonment from the date of sentencing, that is, 08/05/2017. It is so ordered.
DATED AND SIGNED AT NANYUKI THIS 29TH DAY OF SEPTEMBER 2020
H P G WAWERU
JUDGE
DELIVERED AT NANYUKI THIS 8TH DAY OF OCTOBER 2020