[2014] KEHC 6861 (KLR)
The court found that the appellant, having pleaded guilty to the offence of stealing by servant and with the stolen property recovered, had demonstrated remorse and did not waste judicial time. The value of the property was relatively low (Ksh. 4,000), and the appellant had already served more than two years of the...
Source-derived case information.
- Citation
- [2014] KEHC 6861 (KLR)
- Parties
- Appellant: James Kilema; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 187 of 2012
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- sentence reduced to period served; appellant to be released unless otherwise lawfully held
- Judges
- GO Shikwe
- Legal Topics
- Stealing by Servant, Sentencing Principles, Plea of Guilty
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
James Kilema
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence of four years imprisonment for stealing by servant was excessive in the circumstances.
- 2 Whether the period already served by the appellant constituted sufficient punishment.
Ratio Decidendi
The court found that the appellant, having pleaded guilty to the offence of stealing by servant and with the stolen property recovered, had demonstrated remorse and did not waste judicial time. The value of the property was relatively low (Ksh. 4,000), and the appellant had already served more than two years of the four-year sentence imposed. Considering these mitigating factors, the court held that the period already served constituted sufficient punishment. The sentence was therefore reduced to the time already served, and the appellant was ordered to be released unless otherwise lawfully held.
Court Disposition
sentence reduced to period served; appellant to be released unless otherwise lawfully held
Orders
- The imprisonment term of four years is reduced to the term already served by the appellant.
- The appellant is set at liberty unless otherwise lawfully held.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
CRIMINAL APPEAL NO. 187 OF 2012
JAMES KILEMA …......…...........................APPELLANT
VERSUS
REPUBLIC ……….……...........................RESPONDENT
(From original Conviction and Sentence in Criminal Case No. 426 of 2011 of the Senior Resident Magistrate's Court at Wundanyi – Hon. Orenge - RM)
JUDGMENT
The Appellant herein was Convicted and Sentenced to four (4) years imprisonment for the offence of stealing by servant contrary to section 281 of the Penal Code.
The particulars being that on the 4th day of October, 2011 at Chawia Location – Taita Taveta County being a servant to STANLEY MWAMBURI KASUKUstole from the said STANELY MWAMBURI KASUKU two blankets, three bedsheets, one lesso, three jumpers, one jacket, three long trousers, one shirt and one bag all valued at Ksh. 4,000/=.
The appellant was Convicted on his own plea and Sentenced to four (4) years imprisonment.
The offence with which he was Convicted carries a maximum Sentence of seven (7) years imprisonment. The property stolen was worth Ksh. 4,000/= .
The same was recovered. Age assessment was carried on him and he was found to be over twenty (20) years. It is noted that he pleaded guilty to the charges and hence did not waste Judicial time. He has already served more than two (2) years imprisonment. That period is deemed to be enough punishment. The imprisonment term of four (4) years is hereby reduced to the term the Appellant has already served. He is set at liberty unless otherwise lawfully held.
Judgment delivered dated and signed this 27th day of February, 2014.
…...................
M. MUYA
JUDGE
27TH FEBRUARY, 2014
In the presence of:-
Learned State Counsel Miss Fundi
The appellant present in person
Court clerk Musundi