[2014] KEHC 5000 (KLR)
The court found that although the offence of stealing from a dwelling house carries a maximum sentence of fourteen years, the sentence imposed must be proportionate to the value of the property stolen and the circumstances of the offender. The appellant, having pleaded guilty and being a first offender, was entitled...
Source-derived case information.
- Citation
- [2014] KEHC 5000 (KLR)
- Parties
- Appellant: Isaack Wambiri Kimani; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 217 of 2012
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal_allowed_in_part
- Judges
- GO Shikwe
- Legal Topics
- Stealing From Dwelling House, Sentencing Principles, Plea of Guilty
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Isaack Wambiri Kimani
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence of five years imprisonment for stealing from a dwelling house was harsh and excessive.
- 2 Whether the appellant's plea of guilty and status as a first offender warranted a reduction of sentence.
Ratio Decidendi
The court found that although the offence of stealing from a dwelling house carries a maximum sentence of fourteen years, the sentence imposed must be proportionate to the value of the property stolen and the circumstances of the offender. The appellant, having pleaded guilty and being a first offender, was entitled to leniency. The court held that the sentence of five years imprisonment was harsh given the value of the items stolen (Ksh. 4,200 for the phone and Ksh. 2,000 cash) and reduced the sentence to three years imprisonment, to run from the date of conviction.
Court Disposition
appeal_allowed_in_part
Orders
- The sentence of five years imprisonment is set aside and substituted with a sentence of three years imprisonment from the date of conviction.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
CRIMINAL APPEAL NO. 217 OF 2012
ISAACK WAMBIRI KIMANI ..............................................….. APPELLANT
VERSUS
REPUBLIC ……….……....................................................…RESPONDENT
(From original Conviction and Sentence in Criminal Case No. 808 of 2011 of the Principal Magistrate's Court at Voi – Hon. Nyakundi - SRM)
JUDGMENT
The Appellant ISAACK WAMBIRI KIMANIwas Convicted and Sentenced to five (5) years Imprisonment for the offence of Stealing from a dwelling house contrary to Section 279 (b) of the Penal Code.
The particulars being that:-
“On the 20th day of November, 2011 at Sofia estate within Taita Taveta County he stole one Nokia mobile phone valued at Ksh. 4,200/= and cash Ksh. 2,000/= the property of CATHERINE WANJIRU”.
The Appellant pleaded guilty to the charge and was Convicted on his own plea of guilty. He was treated as a first offender. The Court ordered for his probation report which was not favourable for probation placement. The offence with which he was Convicted caries a maximum Sentence of fourteen (14) years Imprisonment.
The Accused stole a mobile of the value of Ksh. 4,200/= and cash Ksh. 2,000/=. The Sentence of five (5) years is harsh. It is reduced to three (3) years Imprisonment.
He will now serve three (3) years Imprisonment term from the time of his Conviction.
The appeal succeeds to that extent only.
Judgment delivered dated and signed this 16th day of May, 2014.
….............
M. MUYA
JUDGE
16TH MAY, 2014
In the presence of:-
Learned State Counsel Mr. Ayodo
The Appellant present
Court clerk Musundi