[2008] KEHC 2159 (KLR)
The court found that the appellant, having abandoned his appeal against conviction, was wise given the evidence against him. In considering the appeal against sentence, the court took into account the appellant's remorse, status as a first offender, the recovery of the stolen bull, and the fact that he had already...
Source-derived case information.
- Citation
- [2008] KEHC 2159 (KLR)
- Parties
- Appellant: Isaac Ndungu Mary; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 157 of 2006
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal against sentence allowed; sentence reduced to secure immediate release
- Judges
- DK Maraga
- Legal Topics
- Sentencing, Stock Theft, Mitigation, First Offender, Recovery of Stolen Property
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Isaac Ndungu Mary
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence imposed on the appellant for stock theft should be reduced in light of mitigating factors.
Ratio Decidendi
The court found that the appellant, having abandoned his appeal against conviction, was wise given the evidence against him. In considering the appeal against sentence, the court took into account the appellant's remorse, status as a first offender, the recovery of the stolen bull, and the fact that he had already served nearly three years in custody. These mitigating factors justified a reduction of the sentence to a term that would secure his immediate release. The court therefore allowed the appeal against sentence and ordered the appellant's immediate release unless otherwise lawfully held.
Court Disposition
appeal against sentence allowed; sentence reduced to secure immediate release
Orders
- The appellant's sentence is reduced to a term that will secure his immediate release.
- The appellant shall be released forthwith unless otherwise lawfully held.
Full Case Text
Judgment text and source record
10 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAKURU CRIMINAL APPEAL 157 OF 2006
ISAAC NDUGNGU MARY................................APPELLANT
VERSUS
REPUBLIC.................................................RESPONDENT
JUDGMENT
ISAAC NDUNGU MARY, the Appellant was upon trial before the Resident Magistrate at Nyahururu on a charge of stock theft contrary to Section 278 of the Penal Code convicted and sentenced to 7 years imprisonment. He has appealed against both the conviction and sentence. When the matter came for hearing before me on 4th July 2008, he abandoned the appeal against conviction and pleaded for the reduction of the sentence. He said he is remorseful and that he is now a reformed man. He also said that he is married with three children who, together with his aged mother, are dependant upon him. Mr. Mugambi for the state said that the Appellant having abandoned the appeal against conviction he leaves the matter of sentence to the court.
The Appellant was wise in abandoning the appeal against conviction. Having been found trying to sell the stolen bull his appeal against conviction could definitely have failed. I have considered his mitigating factors and the fact that he is a first offender and the stolen bull was recovered. I have also taken into account the fact that he has been incarcerated since 15th September 2005, a period of nearly three years. In the circumstances I allow his appeal against sentence and reduce his sentence to a term that will secure his immediate release. The Appellant shall therefore be released forthwith unless otherwise lawfully held.
DATED and delivered at Nakuru this 10th day of July 2008.
D. K. MARAGA
JUDGE