[2019] KEHC 6542 (KLR)
The court found that the appellant, having been treated as a first offender and having served a substantial portion of his sentence since 19th May 2015, had learned his lesson. The sentence, though legal, was reduced to the period already served, as the interests of justice and rehabilitation were considered...
Source-derived case information.
- Citation
- [2019] KEHC 6542 (KLR)
- Parties
- Appellant: Cleophas Angulu; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 59 of 2015
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- Appeal on sentence allowed to the extent of reducing sentence to period served.
- Judges
- DN Musyoka
- Legal Topics
- Sentencing, Handling Stolen Goods, Penal Code Section 322, Sentence Reduction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Cleophas Angulu
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence imposed on the appellant for handling stolen goods was excessive and warranted reduction.
Ratio Decidendi
The court found that the appellant, having been treated as a first offender and having served a substantial portion of his sentence since 19th May 2015, had learned his lesson. The sentence, though legal, was reduced to the period already served, as the interests of justice and rehabilitation were considered satisfied. The court exercised its discretion to reduce the sentence, allowing the appeal to the extent of the period served.
Court Disposition
Appeal on sentence allowed to the extent of reducing sentence to period served.
Orders
- The appellant's sentence is reduced to the period already served.
- The appellant shall be released from prison custody unless otherwise lawfully held.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KAKAMEGA
CRIMINAL APPEAL NO. 59 OF 2015
(From Original Conviction and Sentence in Criminal Case No. 644 of 2013
by the Chief Magistrate’s Court at Kakamega)
CLEOPHAS ANGULU..........................APPELLANT
VERSUS
REPUBLIC .........................................RESPONDENT
JUDGEMENT
1. The appellant was sentenced to five years’ imprisonment on 19th May 2015 of handling stolen goods contrary to section 322(1) of the Penal Code.
2. At the hearing of the appeal on 31st January 2019 he indicated that he was asking for reduction of sentence. The state opposed the appeal saying that the sentence was legal given that the offence was prevalent in the area.
3. I note that the appellant was sentenced on 19th May 2015 and has been serving sentence since then. He was treated as a first offender. I trust that he has learned his lesson.
4. I accordingly allow the appeal on sentence to the extent of reducing it to the period served. The appellant shall be released from prison custody unless he is otherwise lawfully held.
DELIVERED, DATED AND SIGNED IN OPEN COURT AT KAKAMEGA THIS 14th DAY OF June 2019
W MUSYOKA
JUDGE