[2018] KEHC 4832 (KLR)
The court found that the appellant, having pleaded guilty and shown remorse as evidenced by the probation report, deserved leniency in sentencing. However, the court also considered the victim's loss, as the stolen cow was not recovered. Balancing these factors, the court determined that a reduction of the sentence...
Source-derived case information.
- Citation
- [2018] KEHC 4832 (KLR)
- Parties
- Appellant: Francis Nyangau Makori Alias Okamiti; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 88 of 2017
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- sentence reduced to one year imprisonment from date of conviction
- Legal Topics
- Stealing, Sentencing, Plea of Guilty
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Francis Nyangau Makori Alias Okamiti
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence imposed on the appellant for the offence of stealing was appropriate.
- 2 Whether the appellant's plea for leniency should be granted in light of the circumstances.
Ratio Decidendi
The court found that the appellant, having pleaded guilty and shown remorse as evidenced by the probation report, deserved leniency in sentencing. However, the court also considered the victim's loss, as the stolen cow was not recovered. Balancing these factors, the court determined that a reduction of the sentence to one year imprisonment from the date of conviction was appropriate, reflecting both the appellant's remorse and the seriousness of the offence.
Court Disposition
sentence reduced to one year imprisonment from date of conviction
Orders
- The appellant's sentence is reduced to one year imprisonment from the date of conviction.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISII
CRIMINAL APPEAL NO. 88 OF 2017
FRANCIS NYANGAU MAKORI Alias OKAMITI......................APPELLANT
VERSUS
REPUBLIC.....................................................................................RESPONDENT
(Appeal from the original conviction and sentence of Hon. S.M Lutta – SPM dated 27th November 2017 at the Chief Magistrate’s Court at Kisii in Criminal Case No. 2037 of 2017)
JUDGMENT
The appellant was charged and convicted on his own plea of guilty for the offence of stealing contrary to section 278 of the Penal Code (Chapter 63 of the Laws of Kenya). The particulars are that on 16th October 2017 at Gesangero Sub-location, Marani Sub-County within Kisii County he stole a cow valued at Kshs. 20,580/= the property of Linet Nyanchama.
The appellant does not contest the conviction plead leniency.
I have looked at the probation report it is positive that he is remorseful. The victim is however bitter that the cow was not recovered and prays for compensation.
I have considered the matter and reduce the appellant’s sentence to one (1) year imprisonment from the date of conviction.
Dated and delivered at Kisii this 6thday of August 2018.
D.S MAJANJA
JUDGE
Mr. Otieno, Senior Prosecution Counsel, instructed by Office of Director of Prosecutions.
Appellant in person.