[2004] KEHC 2338 (KLR)
The court found that the appellant was properly convicted based on overwhelming evidence, including his possession of the stolen cows and meat only one day after the theft, his attempt to flee when confronted, and the positive identification of the stolen property by the complainant. The appellant's explanation that...
Source-derived case information.
- Citation
- [2004] KEHC 2338 (KLR)
- Parties
- Appellant: Jeremiah Matunda Nyareso; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- ? 350 of 2003
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed
- Judges
- K Bauni
- Legal Topics
- Stealing Stock, Possession of Stolen Property, Criminal Sentencing
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jeremiah Matunda Nyareso
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the conviction of the appellant for stealing stock was supported by the evidence.
- 2 Whether the sentence of two years imprisonment was excessive or harsh.
Ratio Decidendi
The court found that the appellant was properly convicted based on overwhelming evidence, including his possession of the stolen cows and meat only one day after the theft, his attempt to flee when confronted, and the positive identification of the stolen property by the complainant. The appellant's explanation that the cows were brought to him for traditional healing was considered and properly rejected by the trial magistrate. The sentence of two years imprisonment was deemed neither excessive nor harsh given the value of the stolen animals and the circumstances of the offence. The appeal was therefore dismissed in its entirety.
Court Disposition
appeal dismissed
Orders
- The conviction is upheld.
- The sentence of two years imprisonment is upheld.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISII
CRIMINAL APPEAL NO.350 OF 2003
(From original conviction and sentence of the SRM’s court at Nyamira in Criminal case No.809/03. )
JEREMIAH MATUNDA NYARESO ……………………………………. APPELLANT
VERSUS
REPUBLIC …………………………………………………………….. RESPONDENT
JUDGMENT:
Appellant JEREMIAH MATUNDA NYARESO was charged jointly with ASUMA ONGERA MAYIEKA for the offence of stealing stock c/s 278 Penal Code in that on the night of 14th and 15th October 2003 at Charachani sub-location with others not before the court jointly stole two cows the property of ELIZABETH BOERA NYABURI.
Apparently the 2nd accused absconded while on bond before judgment was written and delivered. The appellant was convicted and sentenced to two years imprisonment.
I have considered the appeal and the evidence. The evidence was overwhelming and the appellant was properly convicted. The complainant ELIZABETH BOERA NYABURI who was PW2 told the court how she found her two cows missing from their shed in the morning of 15th October 2003. She raised an alarm and villagers started looking for the missing cattle. On 16/10/03 a day after the theft the accused was found with one of the cows and meat, which were hidden. Apparently the other cow had been slaughtered and meat divided. PW2 positively identified the live cow as hers and the skin and the head of the slaughtered cow. The appellant when confronted by the search team ran away but was chased and arrested.
The magistrate was right to conclude that he was one of those who stole the two cows. The period between the theft and when he was found with the stolen animals was only one day, which is a clear indication that he was involved in the theft. He tried to run away which again points to his guilt. The magistrate considered his defence that the cows were taken to him, as he was a traditional doctor to go and treat a sick person and properly rejected it as shown.
I therefore find the conviction was based on a sound consideration and a proper evidence. I uphold the same.
As to the sentence the value of the stolen animals was over shs.30,000/=. I don’t think sentence of 2 years was excessive or harsh. I will decline to interfere with the same.
All in all I find appeal has no merit and it is dismissed.
Signed, dated and delivered on 26/5/04.
KABURU BAUNI
JUDGE