[2014] KEHC 2905 (KLR)
The court found that although the offence of killing an animal is serious and carries a maximum sentence of fourteen years, the appellant pleaded guilty, did not waste judicial time, and was a first offender. The trial magistrate imposed a sentence of seven years, which the High Court found to be harsh and excessive...
Source-derived case information.
- Citation
- [2014] KEHC 2905 (KLR)
- Parties
- Appellant: Daudi Loroghwa Sowewe; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 84 of 2010
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- sentence varied (reduced)
- Judges
- GO Shikwe
- Legal Topics
- Sentencing Principles, Mitigation, Guilty Plea, Proportionality of Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Daudi Loroghwa Sowewe
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence of seven years imprisonment imposed for killing an animal was harsh and excessive in the circumstances.
- 2 Whether the trial magistrate failed to consider the appellant's mitigation and status as a first offender.
Ratio Decidendi
The court found that although the offence of killing an animal is serious and carries a maximum sentence of fourteen years, the appellant pleaded guilty, did not waste judicial time, and was a first offender. The trial magistrate imposed a sentence of seven years, which the High Court found to be harsh and excessive in the circumstances. The sentence was therefore reduced to four years imprisonment, reflecting the mitigating factors and the principle of proportionality in sentencing.
Court Disposition
sentence varied (reduced)
Orders
- The sentence of seven years imprisonment is set aside and substituted with a sentence of four years imprisonment from the date of conviction.
- If the appellant has already served four years imprisonment, he shall be set at liberty unless otherwise lawfully held.
Full Case Text
Judgment text and source record
31 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
CRIMINAL APPEAL NO. 84 OF 2011
DAUDI LOROGHWA SOWEWE.........................................….. APPELLANT
VERSUS
REPUBLIC ……….……....................................................…RESPONDENT
(From original Conviction and Sentence in Criminal Case No. 171 of 2010 of the Senior Resident Magistrate's Court at Taveta – Hon. Ndegwa- SRM)
JUDGMENT
The AppellantDAUDI LOROGHWA SOWEWEwas Convicted and Sentenced to seven (7) years imprisonment for the offence of killing an animal contrary to section 338 of the Penal Code.
The particulars being that:-
“On the 22nd day of April, 2010 at about 5:00p.m. at Taveta, Taveta County he willfully and unlawfully killed an animal capable of being stolen namely a bull, valued at Ksh. 25,000/= the property of MSAFIRI LOKURO”.
This appeal is on Sentence.
In the petitions preamble the appellant pleads,
“I the aforementioned appellant after being dissatisfied and aggrieved by the Sentence …... do hereby lodge the grounds inter -alia”.
The grounds are that the learned trial magistrate meted out the maximum Sentence on the appellant which was unproportionate to the facts of the case.
Secondly, that he failed to consider the mitigation by the appellant. Thirdly, that he was a first offender and the Sentence imposed by the learned trial magistrate was harsh and excessive.
A perusal of the record of proceedings indicate that the Appellant pleaded guilty to the charges on the 17th day of June, 2010. The facts were read to him in Kiswahili as per record and he confirmed that they were correct and he was subsequently found guilty and Convicted accordingly.
The Law.
The offence of killing an animal contrary to section 338 of the Penal Code carries a maximum Sentence of fourteen (14) years imprisonment.
It is noted that the Accused pleaded guilty to the charge and hence did not waste Judicial time. He was treated as a first offender. Though the act of killing the animal was beastly, the Sentence of seven years (7) is harsh in the circumstances of this case. The Sentence of seven (7) years is reduced to four (4) years imprisonment.
The appellant will serve four (4) years imprisonment from the time of his Conviction. In the event that he has already served the imprisonment term of four (4) years he will be set at liberty unless otherwise lawfully held.
Judgment delivered dated and signed this16thday of September, 2014.
…....................
M. MUYA
JUDGE
16TH SEPTEMBER, 2014
In open Court in the presence of:-
Mr. Jami for the State
The Appellant
Court clerk Musundi