[2018] KEHC 8044 (KLR)
The court found that the sentence of 5 years imprisonment for the offence of stealing stock was within the law as prescribed by Section 278 of the Penal Code. The appellant's plea of guilty and his age were considered, but the fact that he was a repeat offender who had not been deterred by a previous conviction...
Source-derived case information.
- Citation
- [2018] KEHC 8044 (KLR)
- Parties
- Appellant: Edwin Masinde Wasike; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Bungoma
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 173 of 2016
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed
- Judges
- A Ali-Aroni
- Legal Topics
- Sentencing Principles, Repeat Offender, Plea of Guilty
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Edwin Masinde Wasike
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence imposed for stealing stock was harsh and excessive.
- 2 Whether the appellant's age and remorsefulness warranted a review of sentence.
- 3 Whether the appellant's status as a repeat offender justified the sentence imposed.
Ratio Decidendi
The court found that the sentence of 5 years imprisonment for the offence of stealing stock was within the law as prescribed by Section 278 of the Penal Code. The appellant's plea of guilty and his age were considered, but the fact that he was a repeat offender who had not been deterred by a previous conviction weighed against him. The court held that there was no basis for interfering with the sentence, as it was neither harsh nor excessive in the circumstances. However, the court recommended that the prison authorities provide training to the appellant, considering his young age, to aid his rehabilitation.
Court Disposition
appeal dismissed
Orders
- The appeal is dismissed.
- The sentence of 5 years imprisonment is upheld.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT BUNGOMA
CRIMINAL APPEAL NO.173 OF 2016
EDWIN MASINDE WASIKE.............................APPELLANT
VERSUS
REPUBLIC........................................................RESPONDENT
JUDGEMENT
1. This is an appeal arising from the judgement of S.P.M. D.O. Onyango in Bungoma C.M.C.C No.875 of 2016 wherein the appellant pleaded guilty to the offence of stealing stock contrary to Section 278 of the Penal Code and was sentenced to 5 years imprisonment.
2. The particulars of the offence were that on the night of 20th and 21st July 2016 at Kimilili Police Station yard in Kimilili District of Bungoma County jointly with others not before the Court he stole one cow valued at Kshs.12,000/- the property of Kimilili Police.
3. The appellant in his grounds of Appeal filed on 12th August 2016 complains of the sentence which he says is harsh and excessive and further states that he is remorseful.
4. At the hearing of the appeal the appellant stated that he was 20 years at the time of commission of the offence and sought for review.
5. The State opposed the appeal on grounds that the appellant is a repeat offender as he had been placed on C.S.O. on a similar charge and repeated the offence before completion of the first punishment.
6. In the circumstances of this Case the appellant pleaded guilty, the Court considered the offence and the previous conviction that did not deter the accused.
7. I find the sentence to be within the Law and therefore there is no basis for interference.
8. I will only add a rider that considering the age of the appellant the Prison Authorities do consider some training for him to enable him become a responsible citizen after serving his term.
9. The Appeal fails.
DATED and DELIVERED at BUNGOMA this 22nd day of February, 2018
ALI-ARONI
JUDGE