[2021] KEHC 3887 (KLR)
The court found that the appellant had pleaded guilty to the charges and was properly convicted. The trial court imposed a sentence of one year imprisonment on each count, to run consecutively, resulting in a total of two years. The committal warrant clearly reflected this. The appellant's claim that he was serving...
Source-derived case information.
- Citation
- [2021] KEHC 3887 (KLR)
- Parties
- Appellant: Boniface Simiyu Juma; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Bungoma
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 197 of 2019
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Breaking Into Building, Handling Stolen Goods, Plea of Guilty, Sentencing, Repeat Offender
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Boniface Simiyu Juma
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence imposed by the trial court was harsh and excessive.
- 2 Whether the appellant was properly convicted on his own plea of guilty.
- 3 Whether the prison records correctly reflected the sentence imposed by the trial court.
Ratio Decidendi
The court found that the appellant had pleaded guilty to the charges and was properly convicted. The trial court imposed a sentence of one year imprisonment on each count, to run consecutively, resulting in a total of two years. The committal warrant clearly reflected this. The appellant's claim that he was serving four years instead of two was not supported by the record. The sentence imposed was within the statutory maximum and not harsh or excessive. The appeal lacked merit and was dismissed. The court directed that a copy of the judgment be served upon the Kenya Prisons Service to ensure their records were correct.
Court Disposition
appeal dismissed
Orders
- The appeal is dismissed.
- A copy of this judgment shall be served upon the Kenya Prisons Service to ensure their records are correct.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT BUNGOMA
HIGH COURT CRIMINAL APPEAL NO. 197 OF 2019
BONIFACE SIMIYU JUMA.................................................................APPELLANT
VERSUS
REPUBLIC..........................................................................................RESPONDENT
(Appeal against the Sentence of the Hon. G Adhiambo – PM )
J U D G M E N T
1. Boniface Simiyu Juma, the Appellant, was charged with two (2) counts of breaking into a building and committing a felony Contrary to Section 306 (a) of the Penal Code. It was indicated that having broken into shops owned by Kelvin Kukubo and Boniface Tiembukha Wekuduke,respectively, situated at Sirisia Market, he stole various items valued at Kshs.14,650/- and Kshs. 20,000/-, respectively.
2. In the alternative, he faced two (2) counts of handling stolen goods following allegations that he retained items identified by the complainants; the retention that was stated to be dishonest and with belief that the goods were stolen.
3. The Appellant admitted the charges at the outset and a plea of guilty was entered on both counts. Facts presented by the prosecution pursuant to the provisions of section 207 of the Criminal Procedure Code (CPC) were admitted hence the conviction and sentence meted out.
3. Aggrieved, he filed grounds of appeal where he averred that the trial magistrate failed to appreciate that the prosecution’s case was insufficient and poorly investigated, it was fabricated, speculative such that it didn’t warrant a conviction and the sentence of two (2) years imposed was harsh and excessive.
4. In support of his appeal the Appellant filed written submissions where he abandoned the appeal against both the conviction and sentence. In his mitigation he urged that he was satisfied with the conviction and the sentence passed but records in prison were incorrect as he was serving four (4) years imprisonment instead of two, an error that he sought to be corrected.
5. In it’s response the State opposed the appeal. It urged that having pleaded guilty to the charge the Appellant could only have appealed against the legality of sentence as provided by Section 348 of the CPC and the sentence meted out was neither harsh nor excessive as the penalty prescribed for the offence was seven (7) years imprisonment.
6. The duty of this court, is to re-evaluate, re-analyze and re-consider afresh what transpired at trial.
7. Although the Appellant was a young adult, he was a repeat offender hence convicted and sentenced to one (1) year imprisonment on each count that were to run consecutively. The copy of the committal warrant on record is very clear. The appellant was directed to serve one (1) year imprisonment on each count, these sentences were to run consecutively. This simply meant that the prison terms were to be served one after another or commonly referred to as back-to-back.
8. In the premises, the appeal herein lacks merit. Accordingly, it is dismissed. The copy of this judgment shall be served upon the Kenya Prisons Service to ensure that their records are correct.
9. It is so ordered.
L. N. MUTENDE,
JUDGE
10. 9.2021
DATED, SIGNED AND DELIVERED VIRTUALLY AT BUNGOMA THIS 10TH DAY OF SEPTEMBER, 2021
HON. L N. MUTENDE,
JUDGE
10. 9.2021