[2009] KEHC 2935 (KLR)
The court found that the evidence against the appellant was overwhelming and consistent. PW1, the complainant and father of the appellant, witnessed the appellant untether and drive away two sheep. PW3, who bought one of the sheep, confirmed purchasing it from the appellant for KES 1,000 and surrendered it to the...
Source-derived case information.
- Citation
- [2009] KEHC 2935 (KLR)
- Parties
- Appellant: Christoper Mbogo Richard; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 178 of 2007
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Stock Theft, Criminal Sentencing, Evidence Evaluation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Christoper Mbogo Richard
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the conviction for stealing stock was supported by the evidence on record.
- 2 Whether the sentence imposed was appropriate in the circumstances.
Ratio Decidendi
The court found that the evidence against the appellant was overwhelming and consistent. PW1, the complainant and father of the appellant, witnessed the appellant untether and drive away two sheep. PW3, who bought one of the sheep, confirmed purchasing it from the appellant for KES 1,000 and surrendered it to the police upon learning it was stolen. The appellant's defence was a bare denial and did not raise any reasonable doubt. The trial magistrate's conviction was based on sound evidence, and the sentence of three years imprisonment was deemed lenient. There was no basis for appellate interference with either the conviction or the sentence.
Court Disposition
appeal dismissed
Orders
- The appeal is dismissed in its entirety.
- The conviction and sentence are upheld.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT EMBU
Criminal Appeal 178 of 2007
CHRISTOPER MBOGO RICHARD………………………APPELLANT
VERSUS
REPUBLIC………………………………………………..RESPONDENT
JUDGMENT
The Appellant herein was tried and convicted by the Senior Resident Magistrate Runyenjes for the offence of Stealing Stock contrary to Section 278 of the Penal Code. He was sentenced to 3 years imprisonment. He was unhappy with the conviction and sentence and hence the filing of this appeal. He relies on 7 grounds of appeal which I will not replicate for purposes of this Judgment. The state counsel supports both the conviction and sentence.
In a nutshell, the evidence before the trial court was that the appellant went to his father’s compound in broad daylight about 3. 00 p.m. singing and saying he must eat a sheep that day. He untethered his father’s two sheep as his father watched and drove them away. The father could not stop him as he feared being beaten by the appellant. The matter was reported to the authorities. The appellant slaughtered and feasted on one sheep and sold the other one to PW3. PW3 on learning that the sheep was stolen surrendered it to the police station. The other sheep was not recovered. The appellant was arrested and charged with the offence in question. In his 3 sentences defence, he denied having stolen the sheep and said that the charge was a frame up.
I have considered this evidence along with his grounds of Appeal and submission. I have also considered the learned state counsels submission. I agree with the state counsel that PW1 was an eye witness who saw the Appellant until and drive away the 2 sheep.
PW3 the buyer of one sheep said he had bought the same from the appellant for 1,000/=. Their evidence was corroborative and consistent. This in my view was an open and shut case. The appellant had no defence whatsoever and the learned trial magistrate rightly so held. The conviction was therefore based on sound evidence. The same cannot be disturbed. The sentence of 3 years imprisonment was infact too lenient and I have no reason to interfere with the same. My finding therefore is that this appeal lacks merit. The same is hereby dismissed in its entirety. The conviction and sentence is hereby upheld.
W. KARANJA
JUDGE
Delivered, signed and dated at Embu this11th day of June2009. In presence of:- Mr. Omwega for state
-Appellant had already served the sentence.