[2010] KEHC 1639 (KLR)
The court found that, although the sentence of seven years was within the statutory maximum of fourteen years for stock theft under Section 278 of the Penal Code, the circumstances of the case—including the recovery of the stolen bull and the appellant's incarceration since 22nd February 2007—justified a reduction...
Source-derived case information.
- Citation
- [2010] KEHC 1639 (KLR)
- Parties
- Appellant: David Lengingiro; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 158 of 2007
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- Appeal against sentence allowed; sentence reduced to secure immediate release.
- Judges
- DK Maraga
- Legal Topics
- Stock Theft, Sentencing, Penal Code Section 278
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
David Lengingiro
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence of seven years imprisonment imposed on the appellant for stock theft was excessive in the circumstances.
- 2 Whether the appellant's personal circumstances and the recovery of the stolen bull warranted reduction of sentence.
Ratio Decidendi
The court found that, although the sentence of seven years was within the statutory maximum of fourteen years for stock theft under Section 278 of the Penal Code, the circumstances of the case—including the recovery of the stolen bull and the appellant's incarceration since 22nd February 2007—justified a reduction of sentence. The court exercised its discretion to reduce the sentence to secure the appellant's immediate release, holding that he had already suffered sufficient punishment.
Court Disposition
Appeal against sentence allowed; sentence reduced to secure immediate release.
Orders
- The appellant's sentence is reduced to a term that secures his immediate release.
- The appellant shall be released forthwith unless otherwise lawfully held.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAKURU
Criminal Appeal 158 of 2007
(From original conviction and sentenece in Criminal Case No.55 of 2007
of the Senior Resident Magistrate’s court at Maralal – M. K. N. NYAKUNDI, SRM)
DAVID LENGINGIRO...........................................APPELLANT
VERSUS
REPUBLIC...........................................................RESPONDENT
JUDGMENT
DAVID LENGINGIRO, the appellant, was with another charged with the offence of stock theft contrary to Section 278 of the Penal Code.He pleaded not guilty but after trial before the Senior Resident Magistrate at Maralal he was convicted and sentenced to seven years imprisonment.He appealed against both the conviction and sentence.
At the hearing he abandoned the appeal against conviction and pleaded for the reduction of sentence.He submitted that being the first born he is the bread winner of the family as his father is disabled.He said in prison he has been studying and hopes to sit for KSCE at the end of this year.
Mr. Nyakundi for the state left the matter to me remarking that the sentence of seven years imprisonment against fourteen years imprisonment provided by the section under which the appellant was charged cannot be said to be harsh.
I have read the file and considered the appellant’s plea.Taking into account the fact that the stolen bull was recovered and the appellant’s incarceration since22nd February 2007I find that the appellant has had enough punishment.In the circumstances I allow his appeal and reduce the sentence to such a term as will secure his immediate release.The appellant shall therefore be released forthwith unless otherwise lawfully held.
DATED and DELIVERED this 13th day of July, 2010.
D. K. MARAGA
JUDGE.