[2018] KEHC 5390 (KLR)
The court found that the plea of guilty was unequivocal, having been recorded in Kiswahili with English translation, and that the accused understood the proceedings. The sentence of 5 years imprisonment was deemed excessive considering the modest value of the stolen items (Ksh. 9,000), the appellant's status as a...
Source-derived case information.
- Citation
- [2018] KEHC 5390 (KLR)
- Parties
- Appellant: Collins Kibet Mutai; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kabarnet
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 162 of 2017
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- sentence varied
- Judges
- EM Muriithi
- Legal Topics
- Burglary, Sentencing Guidelines, Plea of Guilty, First Offender, Value of Stolen Property
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Collins Kibet Mutai
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the plea of guilty was unequivocal and properly recorded.
- 2 Whether the sentence of 5 years imprisonment was excessive in the circumstances of the case.
- 3 Whether the court should interfere with the sentence imposed by the trial court.
Ratio Decidendi
The court found that the plea of guilty was unequivocal, having been recorded in Kiswahili with English translation, and that the accused understood the proceedings. The sentence of 5 years imprisonment was deemed excessive considering the modest value of the stolen items (Ksh. 9,000), the appellant's status as a first offender, and his plea of guilty. The court exercised its discretion to interfere with the sentence, reducing it to 3 ½ years imprisonment to reflect the seriousness of burglary as distinct from house breaking, but also to account for the mitigating factors present.
Court Disposition
sentence varied
Orders
- The sentence of 5 years imprisonment is set aside and substituted with a sentence of 3 ½ years imprisonment, effective from the date of conviction and sentence in the trial court on 7/6/2017.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KABARNET
HCCRA NO. 162 OF 2017
COLLINS KIBET MUTAI................................................................APPELLANT
VERSUS
REPUBLIC....................................................................................RESPONDENT
[An Appeal from the original conviction and sentence in Eldama Ravine Principal Magistrate’s Court Criminal Case No. 407 of 2017 delivered on the 7th day of June, 2017 by Hon. J. Tamar, PM]
JUDGMENT
1. The appellant was after a plea of guilty convicted for Burglary contrary to section 304 (1) (b) of the Penal Code as read with section 304 (2) of the Penal Code. The value of the stolen items was Ksh.9,000/= being 2 bags of maize.
2. The plea was unequivocal and recorded in Kiswahili, with English translation after the charge is shown to have been “read over and explained to the accused in a language that he/she understands i.e Kiswahili/English” to which he replied “Ni kweli/ it is true”.There is no merit in submission that the plea was equivocal.
3. The sentence of imprisonment for 5 years is on the higher side having regard to the following factors in sentencing:
1. That the appellant pleaded guilty. See Guidelines on Sentencing, Kenya and Sayeko v. R (1989) KLR 306, 310.
2. The value of the stolen items is modest. See Ambani v.R (1990) KLR, 161; and
3. The appellant had no previous records and was a first offender. See Wanjema v. R(1971) EA 493, 494.
4. The court feels justified to interfere with the sentence and reduce it to an imprisonment term of 3 ½ years taking into account the seriousness of the offence of Burglary as distinguished from House Breaking.
Order
5. Accordingly, for the reasons set out above the sentence herein imposed for the offence of Burglary contrary to section 304 (1)( b) as read with 304 (2) of the Penal Code is reduced to imprisonment for 3 ½ years beginning the date of conviction and sentence in the trial court on 7/6/2017.
DATED AND DELIVERED ON THIS 17TH DAY OF JULY, 2018
EDWARD MURIITHI
JUDGE
Appearances:
M.K Chebii &CO Advocates for the appellant
Ms Macharia Ass. DPP for the Respondent