[2004] KEHC 1802 (KLR)
The court found that the appellant was properly identified and apprehended immediately after the offence by witnesses who did not lose sight of him during the chase. The evidence of PW2 and PW5 was consistent and credible, and the appellant was arrested within the church compound by another watchman. The trial...
Source-derived case information.
- Citation
- [2004] KEHC 1802 (KLR)
- Parties
- Appellant: George Otieno Ochieng; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- ? 401 of 2002
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Stealing, Identification Evidence, Criminal Sentencing
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
George Otieno Ochieng
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the conviction of the appellant for stealing was supported by sound evidence.
- 2 Whether the sentence of 2 years imprisonment was harsh or manifestly excessive.
Ratio Decidendi
The court found that the appellant was properly identified and apprehended immediately after the offence by witnesses who did not lose sight of him during the chase. The evidence of PW2 and PW5 was consistent and credible, and the appellant was arrested within the church compound by another watchman. The trial court's conviction was therefore based on sound evidence. Furthermore, the sentence of 2 years imprisonment for the offence of theft was not considered harsh or manifestly excessive given the circumstances. The appeal against both conviction and sentence was dismissed.
Court Disposition
appeal dismissed
Orders
- The appeal is dismissed.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
CRIMINAL APPEAL NO.52 OF 2003
(Being an appeal from original conviction and Sentence in Criminal Case
No.2879 of 2003 of the Chief Magistrate’s Court at Mombasa )
GEORGE OTIENO OCHIENG =========== APPELLANT
VERSUS
REPUBLIC ==================== RESPONDENT
J U D G M E N T
The appellant was charged, tried and convicted of stealing contrary to Section 275 of the Penal Code. Thereafter he was sentenced to 2 years imprisonment and he has since lodged an appeal at this Court against his conviction and the sentence.
As correctly found by the learned Magistrate, PW2 told the trial Court that the people who got both motor vehicles jumped out and ran away into different directions but he followed one of them the appellant. PW2 said that PW5 another watchman joined him and they chased the man until he jumped over the fence into the Church compound and was arrested by PW3 a watchman at the Church.Both PW2 and PW5 did not lose sight of hour while they gave chase. He was therefore convicted on sound evidence.
The sentence of 2 years for the offence of theft is not harsh and manifestly excessive in the circumstances.
The appeal is therefore dismissed.
Dated and delivered this 17th February, 2004. B. K. TANUI JUDGE