[2013] KEHC 1473 (KLR)
The court found that the appellants, being first offenders and having served three years and seven months of a six-year sentence for home breaking and stealing, had undergone sufficient punishment. The State conceded the appeal on sentence. The court exercised its discretion to reduce the sentence to the period...
Source-derived case information.
- Citation
- [2013] KEHC 1473 (KLR)
- Parties
- Appellant: Ephantus Mutiria Mwamba; Appellant: Dickson Njeru Gacuku; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kerugoya
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 207 & 208 of 2013
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- sentence reduced to period already served; appellants released unless otherwise lawfully held
- Judges
- BN Olao
- Legal Topics
- Sentencing Principles, Appeal on Sentence, First Offender Treatment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ephantus Mutiria Mwamba
Appellant
Dickson Njeru Gacuku
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence of six years imprisonment imposed on the appellants was excessive given they were first offenders and had already served three years and seven months.
- 2 Whether the period already served constituted sufficient punishment for the offence of home breaking and stealing.
Ratio Decidendi
The court found that the appellants, being first offenders and having served three years and seven months of a six-year sentence for home breaking and stealing, had undergone sufficient punishment. The State conceded the appeal on sentence. The court exercised its discretion to reduce the sentence to the period already served, holding that further incarceration would not serve the interests of justice. The appellants were ordered released unless otherwise lawfully held.
Court Disposition
sentence reduced to period already served; appellants released unless otherwise lawfully held
Orders
- The sentence is reduced to the period already served.
- The appellants are hereby released unless otherwise lawfully held.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLICOF KENYA
IN THE HIGH COURT OF KENYA AT KERUGOYA
CRIMINAL APPEAL NO. 207/2013 CORRABORATE WITH 208/2013
EPHANTUS MUTIRIA MWAMBA ............................................. 1ST APPELLANT
DICKSON NJERU GASUKU ...................................................... 2ND APPELLANT
VERSUS
REPUBLIC ........................................................................................RESPONDENT
(APPEAL ARISING FROM THE JUDGMENT OF THE SENIOR RESIDENT MAGISTRATE’S COURT AT BARICHO (J.N. MWANIKI – S.R.M) IN CRIMINAL CASE NO. 796 OF 2009 DELIVERED ON 26TH MARCH 2010)
JUDGMENT
The two appellants herein EPHANTUS MUTIRIA MWAMBA and DICKSON NJERU GACUKU were on 26th March 2010 convicted for the offence of Home breaking and stealing and sentenced to six (6) years imprisonment.
They have filed this appeal against both sentence and conviction but at the hearing of the appeal, they abandoned the appeal against conviction and urged me to reduce their sentence.
The State through Mr. Omayo conceded the appeal on sentence.
According to the charge sheet, the value of the stolen goods was Ksh. 34,330/=. The appellants were both first offenders and have now served some three years and seven months in prison.That in my view, is sufficient punishment.The sentence is reduced to the period already served and they are hereby released unless otherwise lawfully held.
B.N.OLAO
JUDGE
18TH OCTOBER, 2013
Judgment delivered this 18th day of October 2013.
Mr. Omayo State Counsel present
Mr. Muriithi Court clerk present
Appellants both present.
B.N. OLAO
JUDGE
18TH OCTOBER, 2013