[2018] KEHC 6652 (KLR)
The court found that the evidence presented at trial, including eyewitness testimony, physical evidence of the break-in, and the appellant's own unsworn statement, supported the conviction for breaking into a building and committing a felony. The court also considered the period the appellant had already spent in...
Source-derived case information.
- Citation
- [2018] KEHC 6652 (KLR)
- Parties
- Appellant: Brian Mwangi Akamba; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kitale
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 88 of 2017
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- Appeal against conviction dismissed; sentence reviewed in light of time served.
- Judges
- HK Chemitei
- Legal Topics
- Breaking and Entering, Sentencing, Mitigation, Custodial Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Brian Mwangi Akamba
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the conviction for breaking into a building and committing a felony was supported by the evidence.
- 2 Whether the sentence imposed was appropriate considering the period already served in custody.
Ratio Decidendi
The court found that the evidence presented at trial, including eyewitness testimony, physical evidence of the break-in, and the appellant's own unsworn statement, supported the conviction for breaking into a building and committing a felony. The court also considered the period the appellant had already spent in custody since 8/2/2016 and determined that this period was sufficient punishment. While the appeal against conviction was dismissed, the court ordered the appellant's release on the basis that the time served had taught him a lesson and was adequate in the circumstances.
Court Disposition
Appeal against conviction dismissed; sentence reviewed in light of time served.
Orders
- The appeal is dismissed.
- The appellant is released unless lawfully held for another cause.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KITALE
CRIMINAL APPEAL NO. 88 OF 2017
(From original conviction and sentence in Criminal case NO. 575 of 2016
delivered by P.C. Biwott Senior Principal Magistrate on 21/10/2016)
BRIAN MWANGI AKAMBA.......................................APPELLANT
VERSUS
REPUBLIC..................................................................RESPONDENT
J U D G M E N T
1. The appellant was charged with the offence of Breaking into a building and committing a felony contrary to Section 306(a) of the Penal Code.
The particulars of the offence were that on the 7th day of January 2016 at umbrella point club, within Trans Nzoia County, broke and entered and committed a felony namely Stealing cash Kshs 30,000/- the property of the said Charles Murunga.
2. He was convicted and sentenced to 4 years imprisonment. He filed his appeal which was basically mitigation .
3. The facts as presented by the witness at the trial court showed that the appellant who worked at the complainant's bar known as “Umbrella Bar” did gain entry therein by force. He broke the safe and stole a sum of Kshs 30,000/-. He disappeared and did not turn up the following day.
4. He was however traced and arrested. There were photographs produced showing the extent of the break in. The hammer which he had borrowed was also produced.
5. In essence the appellant though he gave unsworn evidence, was nonetheless too weak to convince the trial court.
6. I have perused the mitigation herein. I Also note that the appellant seemed to have been in custody since 8/2/2016 and thereafter being convicted. I find the time served in custody to have taught him a lesson. The appeal is otherwise dismissed.
7. However by virtue of the period he has been in custody, the appellant is hereby released unless lawfully held.
Delivered, signed and dated at Kitale this 10th day of May 2018.
_________________
H.K. CHEMITEI
JUDGE
10/5/18
In the presence of:
M/S Kakoi for the Respondent
Appellant – present
Court Assistant – Kirong
Judgment read in open court.