[2017] KEHC 8274 (KLR)
The court found that the sentence of 3½ years imprisonment imposed on the appellant for the offences of burglary and stealing was extremely lenient in light of the statutory maximum sentences of 10 and 14 years respectively. The appellant's arguments regarding reformation and achievements in prison did not warrant...
Source-derived case information.
- Citation
- [2017] KEHC 8274 (KLR)
- Parties
- Appellant: Jackson Gichuki Maina; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 164 of 2015
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed; sentence upheld
- Judges
- MM Kasango
- Legal Topics
- Burglary, Sentencing Principles, Stealing, Appeal Against Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jackson Gichuki Maina
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence of 3½ years imprisonment for burglary and stealing was appropriate and warranted interference on appeal.
Ratio Decidendi
The court found that the sentence of 3½ years imprisonment imposed on the appellant for the offences of burglary and stealing was extremely lenient in light of the statutory maximum sentences of 10 and 14 years respectively. The appellant's arguments regarding reformation and achievements in prison did not warrant interference with the sentence, as the trial court had already exercised leniency. Consequently, the appeal against sentence lacked merit and was dismissed, with the original sentence upheld.
Court Disposition
appeal dismissed; sentence upheld
Orders
- The appellant's appeal against sentence is dismissed.
- The sentence of 3½ years imprisonment imposed by the trial court is upheld.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYAAT NANYUKI
CRIMINAL APPEAL NO. 164 OF 2015
JACKSON GICHUKI MAINA....APPELLANT
VERSUS
REPUBLIC…………….......… RESPONDENT
(Being an appeal from the original conviction and sentence by Hon. J. W. Gichimu – Principal Magistrate dated 8th July, 2014 in Nanyuki Chief Magistrate’s Court Criminal Case No. 896 of 2014)
JUDGMENT
1. JACKSON GICHUKI MAINA has appealed against sentence of 3½ years imprisonment for the offences of Burglary contrary to section 304(2) of the Penal Code and stealing contrary to section 279(b) of the Penal Code. The appellant was found guilty of both offences after trial. His appeal however is only against his sentence.
2. The prosecution evidence was that on 4th October 2014 at about 6 a.m. Joyce Wanjiku (Joyce) saw the appellant, who is her son, on roof top of her neighbour, the complainant. Joyce telephoned her neighbours who apprehended the appellant. When they apprehended him they found that he was in the process of removing the complainant’s gas cylinder through the roof top. The complainant when he was summoned to his house found missing his gas cooker, gas lamp and empty beer bottles. These items were never recovered.
3. The trial court in its considered judgment stated:-
“My finding is that the accused (appellant) person is the one who broke into the complainant’s home. He removed the gas cylinder and placed on the roof top but was arrested before he left the complainant’s home. The accused person is found guilty as charged and convicted under section 215 of the Criminal Procedure Code.”
4. The appellant’s appeal against his sentence was opposed by the Senior Principal Prosecution Counsel Mr. Tanui who submitted that the trial court’s sentence was lenient.
5. The appellant is support of his appeal against sentence stated that prison life had reformed him. He acknowledged that before he had been a troubled child. He also stated that in prison he had been trained and had achieved grade 3 in wood work.
6. The appellant faced two limbs in the charge, before the trial court. He faced the charge of burglary and the charge of stealing. He was however only sentenced to 3 ½ years. The offence of burglary attracts a maximum sentence of 10 years imprisonment. The offence of stealing attracts the maximum sentence of 14 years imprisonment. It follows from the above consideration that the appellant’s sentence of 3 ½ imprisonment was extremely lenient. On that basis his appeal fails.
7. The appellant’s appeal is therefore dismissed. The trial court’s sentence is upheld.
DATED AND DELIVERED THIS 25TH DAY OF JANUARY 2017.
MARY KASANGO
JUDGE
CORAM
Before Justice Mary Kasango
Court Assistant: Njue
Appellant: Jackson Gichuki Maina …………….........
For the State: …...............................................................
COURT
Judgment delivered in open court.
MARY KASANGO
JUDGE