[1998] KEHC 270 (KLR)
The High Court found that the sentence of two years imprisonment imposed on each appellant for the offence of shopbreaking and stealing was well within the statutory maximum of seven years under section 306(a) of the Penal Code. The appellants had pleaded guilty, and there was no evidence that the trial magistrate...
Source-derived case information.
- Citation
- [1998] KEHC 270 (KLR)
- Parties
- Appellant: George Kangethe Muchoki; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 575 of 1997
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Shopbreaking, Sentencing, Plea of Guilty
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
George Kangethe Muchoki
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence of two years imprisonment for shopbreaking and stealing was appropriate given the statutory maximum.
Ratio Decidendi
The High Court found that the sentence of two years imprisonment imposed on each appellant for the offence of shopbreaking and stealing was well within the statutory maximum of seven years under section 306(a) of the Penal Code. The appellants had pleaded guilty, and there was no evidence that the trial magistrate misdirected himself or imposed a sentence that was manifestly excessive or illegal. Therefore, there was no basis for the appellate court to interfere with the sentence, and the appeals against sentence were dismissed.
Court Disposition
appeal dismissed
Orders
- The appeals are dismissed.
Full Case Text
Judgment text and source record
5 paragraphs
IN THE HIGH COURT OF KENYA AT NAIROBI APPELLATE SIDE CRIMINAL APPEAL NO. 575 OF 1997 (From Original Conviction(s) and Sentence(s) in criminal case NO. 211 of 1997 of the Resident Magistrate’s Court at Gatundu J. L. WANJOHI (Mr) GEORGE KANGETHE MUCHOKI................................APPELLANT VERSUS REPUBLIC.....................................................................RESPONDENT J U D G M E N T
These appeals are consolidated. The two appellants were charged with the offence of shopbreaking and stealing c/s 306(a) of the Penal Code. The record shows that each pleaded guilty to the charge and sentenced to 2(two) years imprisonment. The appeals are against sentence only. The sentence provided under the section is seven years imprisonment with corporal punishment. The sentence of two years imposed by the learned trial magistrate was well merited.
These appeals are accordingly dismissed.
Order accordingly
Dated and delivered at Nairobi this 17th day of December, 1998 MBOGHOLI MSAGHA JUDGE