[2013] KEHC 5507 (KLR)
The court found that although the offence of stealing stock carries a maximum sentence of fourteen years, the appellant was a first offender and the stolen goat, valued at Ksh. 3,000, was recovered. In these circumstances, the sentence of seven years was deemed harsh and excessive. The court exercised its discretion...
Source-derived case information.
- Citation
- [2013] KEHC 5507 (KLR)
- Parties
- Appellant: Jacob Mwadilo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 339 of 2010
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal_allowed_in_part
- Judges
- GO Shikwe
- Legal Topics
- Stealing Stock, Sentencing Principles, First Offender Treatment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jacob Mwadilo
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence of seven years imposed for stealing stock was harsh and excessive.
- 2 Whether the appellant, as a first offender, was entitled to a reduced sentence.
Ratio Decidendi
The court found that although the offence of stealing stock carries a maximum sentence of fourteen years, the appellant was a first offender and the stolen goat, valued at Ksh. 3,000, was recovered. In these circumstances, the sentence of seven years was deemed harsh and excessive. The court exercised its discretion to reduce the sentence to the period already served, holding that justice would be served by setting the appellant at liberty unless otherwise lawfully held.
Court Disposition
appeal_allowed_in_part
Orders
- The sentence of seven years is set aside and substituted with a sentence of the period already served.
- The appellant is to be set at liberty unless otherwise lawfully held.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
CRIMINAL APPEAL NO. 339 OF 2010
JACOB MWADILO …………………………….................…………..APPELLANT
VERSUS
REPUBLIC ……………………….............…...................…………RESPONDENT
JUDGMENT
JACOB MWADILO hereinafter referred to as the Appellant was Convicted and Sentenced to seven (7) years for the offence of Stealing Stock contrary to section 278 of the Penal Code.
The particulars being that on the night of 13th and 14th day of February, 2010 at Kishamba village Sagalla Location Taita Taveta County jointly, with another not before the Court stole one he goat valued at Ksh. 3,000/= the property of JACKSON CHOLA.
The Accused pleaded guilty to the charge and he was Convicted and Sentenced. He has appealed on the Sentence.
The offence of stealing stock contrary to section 278 of the Criminal Procedure Code carries a maximum Sentence of fourteen (14) years. The Appellant was treated as a first offender. He stole one goat of the value of Ksh. 3,000/= which was recovered.
The Sentence of seven years (7) is found to be harsh and its reduced and or varied to the term he has already served. He is set at liberty unless otherwise lawfully held.
Judgment dated and delivered in open Court this 31st day of July, 2013.
…................
M. MUYA
JUDGE
31ST JULY, 2013
In the presence of:
The State Counsel Mr. Tanui
Appellant present
Court clerk Musundi