[2013] KEHC 1722 (KLR)
The court found that although the offence of handling stolen property is a felony carrying a maximum sentence of fourteen years, the appellant had already served over six years in prison, demonstrated remorse, and had not been convicted of the more serious charge of robbery with violence. Considering these factors,...
Source-derived case information.
- Citation
- [2013] KEHC 1722 (KLR)
- Parties
- Appellant: David Kagatia Wanjohi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 262 of 2007
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- Appeal on sentence allowed; sentence reduced to period served.
- Legal Topics
- Handling Stolen Property, Sentencing Principles, Appeal on Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
David Kagatia Wanjohi
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence of ten years imposed for handling stolen property was excessive in the circumstances.
- 2 Whether the period already served by the appellant warranted a reduction of sentence.
Ratio Decidendi
The court found that although the offence of handling stolen property is a felony carrying a maximum sentence of fourteen years, the appellant had already served over six years in prison, demonstrated remorse, and had not been convicted of the more serious charge of robbery with violence. Considering these factors, the court exercised its discretion to reduce the sentence to the period already served, finding that the appellant had served the substantial portion of his sentence and further incarceration was not warranted.
Court Disposition
Appeal on sentence allowed; sentence reduced to period served.
Orders
- The appellant's sentence is reduced to the period already served.
- The appellant shall be set free forthwith unless otherwise lawfully held.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NYERI
CRIMINAL APPEAL NO. 262 OF 2007
DAVID KAGATIA WANJOHI……...................……………APPELLANT
VERSUS
REPUBLIC………..……….......…………………………..RESPONDENT
JUDGMENT OF THE COURT
(Appeal from a judgment of Chief Magistrate's Court at Nyeri L.W GITARI SPM dated 28th May, 2007)
David Kagatia Wanjohi the appellant has filed an appeal against his conviction on the charge of Handling Stolen Property. The Appellant filed his grounds of appeal on the 20th September 2007. The appellant’s case ,with others who were acquitted was heard by the Hon. Mr. Nyakundi. In his judgment dated the 20th of March 2007 Hon. Nyakundi found the appellant guilty of the charge of Handling Stolen Property. After conviction the matter was deferred for sentence and on the 28th of May 2007 Hon. Lucy Gitari sentenced the appellant for ten (10) years.
When the appeal came for hearing before us on the 14th of October 2013 the appellant abandoned his appeal on the conviction and asked us to consider reducing his sentence of 10 years. We note the following the accused was sentenced on the 28th May 2007 after a full trial. It is note worthy that the accused was not found guilty of the charge of robbery with violence but was found guilty of the charge of Handling Stolen Property. The stolen goods that were recovered from his place were one video deck, two pieces of mountain bike mudguard, a hammer and a water jug. Mr. Njue the Learned State Counsel in his submissions left it to us to exercise our discretion on the accused’s plea. We note that the appeal was filed within time.
The offence of Handling Stolen Property is a felony and carries a sentence of imprisonment with hard labour for a term not exceeding fourteen (14) years. The Appellant was convicted in May 2007, his appeal is being heard in 2013, about six (6) years plus four and half (4 1/2) months after conviction. The offence is a felony we note that the accused feels remorseful. Considering the time he has been in prison we find that indeed he has served the bigger portion of his sentence. We therefore reduce his sentence to the period that he has served.
His appeal on the sentence is therefore allowed. He shall be set free forthwith unless lawfully held.
Orders accordingly.
Dated signed and delivered this 18th Day of October 2013.
OUGO R. E ABUODHA N. J
JUDGE JUDGE
Delivered in open Court in the presence of Appellant in person and Mr. Njue for the Republic.