[2014] KEHC 4080 (KLR)
The court found that the appellant had already served almost four years of a seven-year sentence for stealing stock, with only ten months remaining. The appellant demonstrated reformation through acquisition of skills and counseling while in prison. The state did not oppose the appeal against sentence. Considering...
Source-derived case information.
- Citation
- [2014] KEHC 4080 (KLR)
- Parties
- Appellant: Erick Mwashuma Mwaleni; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Voi
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 6 of 2014
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- sentence reduced to time served; appellant to be set at liberty unless otherwise lawfully held
- Judges
- JV Juma, GO Shikwe
- Legal Topics
- Sentencing Principles, Stealing Stock, Penal Code Section 278
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Erick Mwashuma Mwaleni
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence imposed on the appellant for stealing stock was excessive and should be reduced.
Ratio Decidendi
The court found that the appellant had already served almost four years of a seven-year sentence for stealing stock, with only ten months remaining. The appellant demonstrated reformation through acquisition of skills and counseling while in prison. The state did not oppose the appeal against sentence. Considering these factors, the court exercised its discretion to reduce the sentence to time served, holding that the appellant had learnt his lesson and further incarceration was unnecessary.
Court Disposition
sentence reduced to time served; appellant to be set at liberty unless otherwise lawfully held
Orders
- The appeal against sentence is allowed.
- The sentence is reduced to time served.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT VOI
CRIMINAL APPEAL NO. 6 OF 2014
(From the original Conviction and Sentence in the Criminal Case No. 171/2010 of the Principal Magistrate’s Court at Voi: M.S.G. Khadambi – PM)
ERICK MWASHUMA MWALENI……………...................…………APPELLANT
VERSUS
REPUBLIC………………………………………….…...……..RESPONDENT
JUDGMENT
The appellant herein ERICK MWASHUMA MWALENIwas on 25th February, 2010 arraigned before the Principal Magistrate at Voi Law Courts on a charge of STEALING STOCK CONTRARY TO SECTION 278 OF THE PENAL CODE. After a trial at which the prosecution called five (5) witnesses the appellant was placed on his defence. On 6th August, 2010 the learned trial magistrate delivered her judgment in which she convicted the appellant and after listening to his mitigation sentenced him to serve seven (7) years imprisonment.
In his oral submissions to the court at appeal the appellant made it clear that he is not challenging his conviction. He only prays that the sentence be reduced. The appellant says that he has acquired various skills in prison, he has undergone counseling and is now a reformed man. MR. GIOCHE, learned state counsel does not oppose the appeal against sentence.
I have carefully considered this appeal. I note that the appellant was sentenced in August, 2010 and therefore has spent almost four (4) years in custody. His full sentence was seven (7) years. The appellant remains with only a few months ten (10) months to complete his prison term. I have no doubt that he has learnt his lesson. I therefore allow this appeal and reduce the sentence to time served. The appellant is to be set at liberty unless otherwise lawfully held.
Dated and signed this 23rd day of June, 2014.
MAUREEN A. ODERO
JUDGE
Read and delivered at Voi High Court this 3rd day of July, 2014.
MARTIN MUYA
JUDGE