[2013] KEHC 3634 (KLR)
The court found that the appellant, being a seventeen-year-old first offender who had already served close to two and a half years in prison for the theft of four goats, had been sufficiently punished. The court exercised its discretion to reduce the sentence to the period already served, taking into account the...
Source-derived case information.
- Citation
- [2013] KEHC 3634 (KLR)
- Parties
- Appellant: Emmanuel Mutunga; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 357 of 2010
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- sentence reduced to time served; appellant to be released unless otherwise lawfully held
- Judges
- GO Shikwe
- Legal Topics
- Sentencing Principles, Stock Theft, Juvenile Offenders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Emmanuel Mutunga
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence imposed on the appellant, a first offender and minor, was excessive in the circumstances.
- 2 Whether the period already served by the appellant constituted sufficient punishment.
Ratio Decidendi
The court found that the appellant, being a seventeen-year-old first offender who had already served close to two and a half years in prison for the theft of four goats, had been sufficiently punished. The court exercised its discretion to reduce the sentence to the period already served, taking into account the appellant's age, remorse, and the fact that he was treated as a first offender. The court held that further incarceration was unnecessary and ordered the appellant's immediate release unless otherwise lawfully held.
Court Disposition
sentence reduced to time served; appellant to be released unless otherwise lawfully held
Orders
- The appellant's sentence is reduced to the term already served.
- The appellant is to be set at liberty unless otherwise lawfully held.
Full Case Text
Judgment text and source record
30 paragraphs
REPUBLIC OF KENYA
High Court at Mombasa
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EMMANUEL MUTUNGA …….……………………….…. APPELLANT
- Versus -
REPUBLIC ………………………..………………….… RESPONDENT
JUDGMENT
The Appellant was convicted and sentenced to five years imprisonment for the offence of Stock Theft contrary to Section 278 of the Penal Code.
The particulars of the charge are that on the 28th day of January 2010 at unknown time between 8. 30am and 5. 00pm at Eldoro Village in Taveta County, jointly stole two goats valued at Kshs. 4,000/- the property of William Mwakio.
In the 2nd Count the Accused and another were charged with stealing a goat of the value of Kshs. 2,000/- the property of Samson Atembo.
In the third Count the two were charged with stealing a goat of the value of Kshs. 2,000/- the property of Nasib Goodwill. This Appeal is on sentence only. The Appellant contends that he is a youngman of seventeen years and a first offender and is remorseful having learned a lkesson after serving two and a half years imprisonment.
The second Accused in the lower Court had pleaded guilty to the charges but when the facts were read to him he stated that they were not true and the matter proceeded to hearing upon which both were found guilty and convicted. The 2nd Accused however, has not appealed in this case.
The offence in which they were convicted carries a maximum sentence of 14 years. The two Accused persons were convicted of stealing 4 goats.
They were treated as first offenders. The Appellant has served close to two and a half years imprisonment. That is deemed enough punishment. His sentence is reduced such that he will serve the term he has already served.
He is set at liberty unless otherwise lawfully held.
Judgement read and delivered in open Court this 8th day of May, 2013.
M. MUYA
JUDGE
In the presence of:-
Mr. Dzumo for the State
Appellant - present
Court clerk – Mr. Musundi