[2002] KEHC 497 (KLR)
The court found that the trial Magistrate erred in believing there was a statutory minimum sentence of 7 years for handling stolen goods, when in fact, following the 1987 amendment, the sentence is at the court's discretion up to 14 years. Given that all three appellants were first offenders and the value of the...
Source-derived case information.
- Citation
- [2002] KEHC 497 (KLR)
- Parties
- Appellant: James Gitungo Njihia; Appellant: Dickson Mungai Kungu; Appellant: Stephen Nderu Njuguna; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 1190 of 1998
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal_allowed_in_part
- Judges
- VV Patel
- Legal Topics
- Sentencing Discretion, Handling Stolen Goods, First Offender Principle
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
James Gitungo Njihia
Appellant
Dickson Mungai Kungu
Appellant
Stephen Nderu Njuguna
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence imposed for handling stolen goods was lawful and appropriate under the amended Penal Code provisions.
- 2 Whether the appellants, as first offenders, were entitled to a more lenient sentence.
Ratio Decidendi
The court found that the trial Magistrate erred in believing there was a statutory minimum sentence of 7 years for handling stolen goods, when in fact, following the 1987 amendment, the sentence is at the court's discretion up to 14 years. Given that all three appellants were first offenders and the value of the property handled was either minimal (a bunch of keys) or moderate (property worth KES 40,000), the 10-year sentences were manifestly excessive. The court exercised its discretion to reduce the sentences to the period already served, considering the time already spent in custody and the fact that the appellants were also serving death sentences for capital robbery in another case.
Court Disposition
appeal_allowed_in_part
Orders
- The sentence against each of the three appellants is reduced to a period served.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL DIVISION
CRIMINAL APPEAL NO. 1190 OF 1998
(From Original Conviction and Sentence in Criminal Case No.82 of 1997 of the Senior Principal Magistrate’s Court at Kiambu)
JAMES GITUNGO NJIHIA…………………………...APPELLANT
VERSUS
REPUBLIC……………………………………………RESPONDENT
CONSOLIDATED WITH CRIMINAL APPEAL NO. 1191 OF 1998
DICKSON MUNGAI KUNGU…………………………...APPELLANT
VERSUS
REPUBLIC………………………………………………RESPONDENT
CONSOLIDATED WITH CRIMINAL APPEAL NO. 1192 OF 1998
STEPHEN NDERU NJUGUNA………………………...APPELLANT
VERSUS
REPUBLIC………………………………………………RESPONDENT
J U D G M E N T
Criminal appeal Nos.1190, 1191 and 1192 of 1998 are consolidated.
The appeals are only against the sentence of 10 years imprisonment passed against each of the other appellants on 15/9/1998 for handling stolen goods, contrary to section 322(2), P.C.
It is clear from the original record that the Magistrate thought that the sentence provided for this offence was not less than 7 years and more than 14 years. The fact is that the said provision for the sentence was amended by Act 22/87 fixing the sentence to anything upto 14 years at the discretion of the court.
In the instant all 3 appellants were first offenders and the property the appellant in appeal No.1191 (Dickson) handled was only a bunch of 7 keys. The other two appellants’ handling was of property worth Sh.40,000/=. All 3 appellants are serving the sentence since September, 1998.
Order:
The sentence against each of the three appellants is reduced to a period served. They say that they are sentenced to death for capital robbery in another case and are awaiting the result of their appeals against the said death sentence.
Dated and delivered at Nairobi this 21st day of March, 2002.
V.V. PATEL
JUDGE