[2004] KEHC 1828 (KLR)
The court found that although the appellant was not a first offender, he was a young man aged 18 years and the value of the stolen goods was only KES 800. The court held that the sentence of five years imprisonment on each limb was harsh and excessive in the circumstances. The judge exercised discretion to reduce...
Source-derived case information.
- Citation
- [2004] KEHC 1828 (KLR)
- Parties
- Appellant: Jacob Misoka; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- ? 313 of 2003
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- sentence varied
- Legal Topics
- Sentencing Principles, House Breaking, Stealing, First Offender Status
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jacob Misoka
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence of five years imprisonment imposed on the appellant was harsh and excessive.
- 2 Whether the appellant's status as a young person and alleged first offender warranted a non-custodial or reduced sentence.
Ratio Decidendi
The court found that although the appellant was not a first offender, he was a young man aged 18 years and the value of the stolen goods was only KES 800. The court held that the sentence of five years imprisonment on each limb was harsh and excessive in the circumstances. The judge exercised discretion to reduce the sentence to one year imprisonment on each limb, to run concurrently, considering the appellant's age and the relatively minor value of the stolen property.
Court Disposition
sentence varied
Orders
- The sentence of five years imprisonment in each limb is set aside and substituted with one year imprisonment in each limb, to run concurrently.
Full Case Text
Judgment text and source record
11 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISIICRIMINAL APPEAL NO.313 OF 2003
(From original conviction and sentence of the CM’s court at Kisii in criminal case No.2566 of 2003)
JACOB MISOKA ……………………………………………………… APPELLANT
VERSUSREPUBLIC …………………………………………………………….. RESPONDENTJUDGMENT:
Appellant was convicted by Principal Magistrate Kisii for the offence of House Breaking and Stealing c/s 304(1) and 279(b) of the Penal Code. He pleaded guilty and was convicted and sentenced to five years imprisonment on each limb to run concurrently. He has now appealed against the sentence.
In his first ground of appeal he states that he is a young man and as a first offender he should have been given non-custodial sentence. In ground two he states that sentence of 5 years is manifestly harsh and excessive.
Indeed appellant is a young man. In mitigation he said he was 18 years. However he was not a first offender as court was told he was on probation on another similar offence. However even if he was not a first offender the sentence of 5 years for a young man of 18 years is harsh. The goods stolen were valued only shs.800/=. Though he may not have benefited with custodial sentence the sentence was excessive.
I therefore set aside the sentence of 5 years imprisonment in each limb and substitute it with one of one (1) year imprisonment in each limb. To run concurrently. It is so ordered.
Delivered on 22nd June 2004.
KABURU BAUNI JUDGE 22/6/04