[2010] KEHC 2579 (KLR)
The court found that the appellant, having abused the complainant's hospitality by stealing a substantial sum, did not merit a reduction of sentence. The two-year imprisonment imposed was not harsh given the circumstances of the offence. The appellant's personal circumstances, including illness and family...
Source-derived case information.
- Citation
- [2010] KEHC 2579 (KLR)
- Parties
- Appellant: Erick Ole Kijabe; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 257 of 2009
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Stealing, Sentencing, Appeal Against Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Erick Ole Kijabe
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence of two years imprisonment for the offence of stealing was harsh or excessive.
- 2 Whether there were mitigating circumstances warranting reduction of sentence.
Ratio Decidendi
The court found that the appellant, having abused the complainant's hospitality by stealing a substantial sum, did not merit a reduction of sentence. The two-year imprisonment imposed was not harsh given the circumstances of the offence. The appellant's personal circumstances, including illness and family dependency, were insufficient to outweigh the seriousness of the crime. The appeal against sentence was therefore dismissed.
Court Disposition
appeal dismissed
Orders
- The appeal against sentence is dismissed.
Full Case Text
Judgment text and source record
12 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAKURU
Criminal Appeal 257 of 2009
ERICK OLE KIJABE...................................................APPELLANT
VERSUS
REPUBLIC...............................................................RESPONDENT
JUDGMENT
ERICK OLE KIJABE,the appellant, was with another charged with the offence of stealing contrary to Section 275 of the Penal Code. The particulars of the charge against them were that on 15th March 2008 at Upper Mejengo in Narok North District within Rift Valley Province they jointly stole Kshs.35,000/- from Daniel Swankei Kenga. The co-accused pleaded guilty and was convicted and sentenced to two years imprisonment or to pay a fine of Kshs.20,000/-. The appellant pleaded not guilty but after trial before the Senior Resident Magistrate at Narok he was convicted and sentenced to two years imprisonment. He appealed against both the conviction and sentence.
At the hearing the appellant abandoned the appeal against conviction and prayed for the reduction of sentence arguing that he is sick and he has children who depend upon him. Mr. Nyakundi for the state left the matter to me.
The complainant took the appellant and his co-accused to his home after missing a room at Enengetia Boarding and Lodging. Instead of being grateful the two abused the hospitality by stealing Kshs.35,000/- from the complainant. In the circumstances the sentence of two years imprisonment is not harsh. Consequently I dismiss this appeal.
DATED and DELIVERED this 26th day of May, 2010.
D. K. MARAGA
JUDGE.