[2003] KEHC 430 (KLR)
The court found that the sentences imposed on the appellant for housebreaking and stealing were lawful and not excessive, given the circumstances of the case. The appellant's mitigation was duly considered by the trial court. As the appeal was only against the sentence, and there was no error or illegality in the...
Source-derived case information.
- Citation
- [2003] KEHC 430 (KLR)
- Parties
- Appellant: Bonface Ochieng Oyombe; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- ? 21 of 2003
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Housebreaking, Stealing, Sentencing, Guilty Plea
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Bonface Ochieng Oyombe
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence imposed for housebreaking and stealing was lawful and excessive.
Ratio Decidendi
The court found that the sentences imposed on the appellant for housebreaking and stealing were lawful and not excessive, given the circumstances of the case. The appellant's mitigation was duly considered by the trial court. As the appeal was only against the sentence, and there was no error or illegality in the sentence imposed, the appellate court declined to interfere with the trial court's decision and dismissed the appeal.
Court Disposition
appeal dismissed
Orders
- The appeal is dismissed.
Full Case Text
Judgment text and source record
13 paragraphs
IN THE HIGH COURT OF KENYA
AT KISUMU
CRIMINAL APPEAL NO. 21 OF 2003
BONFACE OCHIENG OYOMBE………..APPELLANT
VERSUS
REPUBLIC …………………………….PROSECUTOR
(FROM ORIGINAL KSM CR. CASE NO. 798 OF 2002)
JUDGMENT
BONFACE OCHIENG OYOMBE the appellant pleaded guilty to the offence of housebreaking and stealing contrary to section 304 (1) and 279(b) of the Penal Code. Upon his conviction he was sentenced to 3 years imprisonment on each limb of the charge and that the sentences were to run concurrently. He has now lodged this appeal which technically is against the sentence only by virtue of Section 348 of the CPC.
The sentences are lawful and are not excessive in the circumstances . His mitigation were taken into consideration.
The appeal stands dismissed .
Dated and delivered this 21st November 2003.
B.K. Tanui JUDGE