[2014] KEHC 8837 (KLR)
The court found that the sentence of 18 months imprisonment was excessive given the appellant was a first offender, pleaded guilty, showed remorse, and most of the stolen property was recovered. The court held that a non-custodial sentence should have been considered in these circumstances. Having served 6 months in...
Source-derived case information.
- Citation
- [2014] KEHC 8837 (KLR)
- Parties
- Appellant: Felix Odhiambo Aguko; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Homa Bay
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 46 of 2014
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal_allowed
- Judges
- DAS Majanja
- Legal Topics
- Sentencing Principles, Stealing Offences, First Offender, Plea of Guilty
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Felix Odhiambo Aguko
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence imposed on the appellant was excessive in the circumstances.
- 2 Whether a non-custodial sentence ought to have been considered for a first offender who pleaded guilty and showed remorse.
Ratio Decidendi
The court found that the sentence of 18 months imprisonment was excessive given the appellant was a first offender, pleaded guilty, showed remorse, and most of the stolen property was recovered. The court held that a non-custodial sentence should have been considered in these circumstances. Having served 6 months in prison, the appellant had reflected on his behaviour, and the interests of justice would be served by substituting the custodial sentence with one for time served. The sentence was therefore set aside and replaced with a sentence for time served, resulting in the appellant's immediate release unless otherwise lawfully held.
Court Disposition
appeal_allowed
Orders
- The sentence of 18 months imprisonment is set aside and substituted with a sentence for time served.
- The appellant is to be set free unless otherwise lawfully held.
Full Case Text
Judgment text and source record
17 paragraphs
IN THE HIGH COURT AT HOMA BAY
CRIMINAL APPEAL NO. 46 OF 2014
BETWEEN
FELIX ODHIAMBO AGUKO......…...….……….….. APPELLANT
AND
REPUBLIC ………...…………………………….. RESPONDENT
(Appeal from the original conviction and sentence in Criminal Case No. 729 of 2014 at the Chief Magistrates Court at Homa Bay, Hon. P. MAYOVA Ag. SRM, dated 23rd May 2014)
JUDGMENT
1. The appellant was charged with the offence of stealing contrary to section 275 of the Penal Code (Chapter 63 of the Laws of Kenya). He pleaded guilty to stealing an ATM card valued at Kshs.1,020/= the property of one ENO on 19th May 2014 where he had gone to renovate a building. He also stole Kshs.400/=. He was sentenced to 18 months in prison.
2. Mr. Oluoch concedes that this appeal, being only against sentence. The sentence was excessive in the circumstances as the appellant was a first offender, pleaded guilty and showed remorse. The property was also recovered save the Kshs.400/=.
3. A non-custodial sentence ought to have been considered. The appellant has served 6 months in prison in which time he has reflected on his behaviour.
4. I accordingly set aside sentence and substitute it with one for time served. He is set free unless otherwise lawfully held.
DATED and DELIVERED at HOMA BAY this 28th day of November 2014
D.S. MAJANJA
JUDGE
Appellant in person.
Mr Oluoch, Senior Assistant Director of Public Prosecutions, instructed by the Office of Director of Public Prosecutions for the respondent.