[2014] KEHC 5573 (KLR)
The court found that the sentence of three years imprisonment for the offence of handling stolen goods was well within the statutory maximum of fourteen years. There was no evidence that the sentence was harsh or excessive in the circumstances. The appellate court therefore upheld both the conviction and the...
Source-derived case information.
- Citation
- [2014] KEHC 5573 (KLR)
- Parties
- Appellant: James Mulamba Mughendi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 234 of 2011
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed; conviction and sentence upheld
- Judges
- GO Shikwe
- Legal Topics
- Sentencing Principles, Handling Stolen Goods, Penal Code Section 322
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
James Mulamba Mughendi
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence of three years imprisonment for handling stolen goods was harsh or excessive.
Ratio Decidendi
The court found that the sentence of three years imprisonment for the offence of handling stolen goods was well within the statutory maximum of fourteen years. There was no evidence that the sentence was harsh or excessive in the circumstances. The appellate court therefore upheld both the conviction and the sentence, finding no merit in the appeal against sentence.
Court Disposition
appeal dismissed; conviction and sentence upheld
Orders
- The appeal against sentence is dismissed.
- The conviction and sentence of three years imprisonment are upheld.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
CRIMINAL APPEAL NO. 234 OF 2011
JAMES MULAMBA MUGHENDI .........................................… APPELLANT
VERSUS
REPUBLIC ……….……....................................................…RESPONDENT
(From original Conviction and Sentence in Criminal Case No. 64 of 2009 of the Senior Resident Magistrate's Court at Wundanyi – Hon. F. Munyi - RM)
JUDGMENT
The Appellant JAMES MULAMBA MUGHENDI was Convicted in the alternative count of handling stolen goods contrary to Section 322 (2) of the Penal Code and was Sentenced to three (3) years imprisonment.
The particulars being that:-
“On the 2nd day of February, 2009 at Mwawasi village Wundanyi Taita–Taveta County, otherwise than in the cause of stealing he dishonestly retained two (2) mattresses believing them to be stolen or unlawfully obtained”.
This appeal is on Sentence only as the appellant abandoned the grounds of Conviction.
The offence of handling stolen goods carries a maximum of fourteen (14) years imprisonment. The Accused was Sentenced to three (3) years imprisonment, which Sentence I find not to be harsh or excessive. The appeal has no merit and the Sentence and Conviction are found to be safe and are accordingly upheld.
Judgment delivered dated and signed this 11th day of April, 2014.
…..................
M. MUYA
JUDGE
11TH APRIL, 2014
In the presence of:-
Learned State Counsel Miss Mwaura
The appellant
Court clerk Musundi