[2012] KEHC 4751 (KLR)
The High Court found that although the sentence imposed by the trial court was within the law and there were no errors on record, the value of the stolen property (Kshs.3,300) did not justify a custodial sentence of one year. The Probation Officer's report was found unreliable regarding the accused's age, but the...
Source-derived case information.
- Citation
- [2012] KEHC 4751 (KLR)
- Parties
- Applicant: Glen Sasita; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 569 of 2011
- Procedural Posture
- Criminal Revision / Ruling on Revision
- Outcome
- sentence revised; custodial sentence set aside and substituted with a fine or shorter imprisonment in default
- Legal Topics
- Stealing From Person, Sentencing, Revision of Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Glen Sasita
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Revision
Legal Issues
- 1 Whether the sentence imposed by the trial court was harsh considering the value of the stolen property.
- 2 Whether there were errors on the record of the trial court warranting revision.
- 3 Whether the Probation Officer's report was reliable regarding the accused's age.
Ratio Decidendi
The High Court found that although the sentence imposed by the trial court was within the law and there were no errors on record, the value of the stolen property (Kshs.3,300) did not justify a custodial sentence of one year. The Probation Officer's report was found unreliable regarding the accused's age, but the applicant's own confirmation of being 23 years old was accepted. Taking into account the low value of the stolen property and the applicant's circumstances, the court held that the sentence was harsh and substituted it with a fine of Kshs.10,000, or in default, three months imprisonment.
Court Disposition
sentence revised; custodial sentence set aside and substituted with a fine or shorter imprisonment in default
Orders
- The sentence of one year imprisonment is set aside.
- The applicant shall pay a fine of Kshs.10,000/=.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KAKAMEGA
CRIMINAL REVISION NO. 569 OF 2011
GLEN SASITA ........…………….………………………… APPLICANT
VERSUS
REPUBLIC ……………………………………………….. RESPONDENT
RULING ON REVISION
1. The Applicant was charged with the offence of stealing from a person contrary to Section 279 (a) of the Penal Code.
The particulars of the offence are that on the 22nd day of October 2011 at Malimili Sub-location, Ilesi Location in Kakamega East District within Western Province, stole a mobile phone, make Nokia valued at Kshs.3,300/= the property of IRENE KHAKUYA from the person of the said IRENE KHAKUYA.
2. The Applicant pleaded guilty before the trial magistrate and was convicted and sentenced to serve one year imprisonment.
3. The Applicant states that he is a student and failed to bring this to the attention of the trial court due to ignorance.
4. I must state that there are no errors on the record of the trial court and that the sentence is within the law.
5. The value of the stolen mobile phone is reflected in the Charge Sheet as Kshs.3,300/=.
6. I have considered the Probation Officer’s report. The same seems to contain inaccuracies and may not be a good guidance to the court in relation to the age of the accused. The Probation Officer has stated the age of the accused as 18 years when the accused has confirmed to the court that he is twenty three (23) years old.
7. However, taking into account the value of the stolen property, the sentence of one year imprisonment imposed by the lower court is harsh.
8. The sentence is set aside and substituted with a fine of Kshs.10,000/= in default the accused to serve three months imprisonment.
9. Orders accordingly.
Dated this 9th day of February, 2012.
B. THURANIRA JADEN
J U D G E