[2013] KEHC 2225 (KLR)
The court found that although the offence of stealing from a dwelling house carries a maximum sentence of fourteen years, the five-year sentence imposed on the appellant was harsh in the circumstances. The appellant had pleaded guilty, which is a mitigating factor, but he was not a first offender, having a previous...
Source-derived case information.
- Citation
- [2013] KEHC 2225 (KLR)
- Parties
- Appellant: James Mwatate; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 47 of 2012
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal allowed in part
- Judges
- GO Shikwe
- Legal Topics
- Sentencing Principles, Stealing From Dwelling, Guilty Plea, Sentence Reduction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
James Mwatate
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence of five years imprisonment for stealing from a dwelling house was harsh in the circumstances.
- 2 Whether the appellant's guilty plea and previous conviction were properly considered in sentencing.
Ratio Decidendi
The court found that although the offence of stealing from a dwelling house carries a maximum sentence of fourteen years, the five-year sentence imposed on the appellant was harsh in the circumstances. The appellant had pleaded guilty, which is a mitigating factor, but he was not a first offender, having a previous conviction for stealing by servant. Balancing these factors, the court determined that a sentence of three years imprisonment was appropriate. The appeal was allowed to the extent of reducing the sentence from five years to three years imprisonment.
Court Disposition
appeal allowed in part
Orders
- The sentence of five years imprisonment is set aside and substituted with a sentence of three years imprisonment.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
CRIMINAL APPEAL NO. 47 OF 2012
JAMES MWATATE …......…...............................................….. APPELLANT
VERSUS
REPUBLIC ……….……....................................................…RESPONDENT
(From original Conviction and Sentence in Criminal Case No. 457 of 2010 of the Principal Magistrate's Court at Voi – Nyakundi - RM)
JUDGMENT
The Appellant was Convicted and Sentenced to five years Imprisonment for the offence of stealing from a dwelling house contrary to section 297 (b) of the Penal Code.
The particulars are that on the 22nd day of May, 2010 at Voi township in Voi Taita Taveta County he entered into a dwelling house of Caroline Shwashwa with intent to steal and did steal from therein a DVD, A wrist watch make Titan, two body sprays, car remote control all valued at Ksh. 20 000/= the property of the said Coroline Shwashwa.
The Accused pleaded guilty to the charge in Swahili language, facts were read to him which he admitted and he was Convicted and Sentenced to five years imprisonment.
The offence carries an imprisonment term of fourteen (14) years. The Accused was not a first offender as he had one previous Conviction of stealing by servant.
I find the Sentence was a bit harsh. It is reduced to three years imprisonment. He will now serve three years imprisonment. To that extent only does this appeal succeed.
Judgment dated delivered and signed this 24th day of September, 2013.
…............
M. MUYA
JUDGE
24TH SEPTEMBER, 2013
In the presence of:-
The Learned State Counsel Mr. Dzumo
The Appellant present
Court clerk Musundi