[2012] KEHC 900 (KLR)
The court found that the sentence of 7 years imprisonment for simple robbery was excessive in the circumstances, given that the appellant was a first offender, the value of the stolen items was relatively low, and there was recovery of some items. The court emphasized the rehabilitative purpose of sentencing and...
Source-derived case information.
- Citation
- [2012] KEHC 900 (KLR)
- Parties
- Appellant: John Gachuhi Maina; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 8 of 2011
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal_allowed_in_part
- Judges
- J Wakiaga
- Legal Topics
- Sentencing Principles, Robbery With Violence, Penal Code Section 296, First Offender Consideration
- 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
John Gachuhi Maina
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence of 7 years imprisonment for simple robbery under section 296(1) of the Penal Code was excessive and oppressive.
- 2 Whether the appellant's status as a first offender and the value of the stolen items warranted a reduction of sentence.
Ratio Decidendi
The court found that the sentence of 7 years imprisonment for simple robbery was excessive in the circumstances, given that the appellant was a first offender, the value of the stolen items was relatively low, and there was recovery of some items. The court emphasized the rehabilitative purpose of sentencing and concluded that the appellant, being a common thief known to the complainant, could be rehabilitated to become a useful member of society. Accordingly, the court allowed the appeal on sentence, set aside the 7-year term, and substituted it with a sentence of two years imprisonment.
Court Disposition
appeal_allowed_in_part
Orders
- The appeal on sentence is allowed.
- The sentence of 7 years imprisonment is set aside.
Full Case Text
Judgment text and source record
33 paragraphs
REPUBLIC OF KENYA
High Court at Nyeri
Criminal Appeal 8 of 2011 [if gte mso 9]><xml>
Normal 0
false false false
EN-GB X-NONE X-NONE
</xml><![endif][if gte mso 9]><![endif][if gte mso 10]> <style> /* Style Definitions */ table.MsoNormalTable {mso-style-name:"Table Normal"; mso-style-parent:""; text-autospace:ideograph-other; font-size:12. 0pt;"Liberation Serif","serif";} </style> <![endif]
JOHN GACHUHI MAINA ….................................................APPELLANT
versus
REPUBLIC .........................................................................RESPONDENT
(arising from the judgment of Hon. D.A. Orimba Senior Resident
Magistrate Kangema in Criminal Case No. 302 of 2010)
JUDGMENT
The appellant herein was charged with the offence of Robbery with Violence contrary to section 296(2) of the Penal Code.
The particulars of the offence was that on the night of 5th September 2010 at Kanyenyaini Trading Centre in Murang'a County jointly with others not before the court robbed Richard Kibichii Sambu one L.7 Motorolla Mobile phone. One Samsung C3212 and Kshs. 600/- all valued at Ksh. 16,500/- and at or immediately before of after the time of such robbery wounded the said Richard Kibichii Sambu.
He was tried of the said offence but was convicted of simple robbery under section 296(1) of the Penal Code and sentenced to 7 years.
The Appellant therefore filed the present appeal on the 7 years sentence which he considered oppressive an excessive.
At the trial before us Mr. Gacheru represented the appelalnt and urged us to reduce the sentence.
He submitted that the maximum sentence under this section of the Penal code is 14 years and the appellant was given half of that. He submitted that he was a first offender and that the value of the stolen items was Kshs. 16,000/-.
He has urged us to consider a sentence of four years.
Mr. Kaigai for the state supported the appeal on the basis that taking into account the value of the items stolen and the fact that thee was recovery then the sentence was excessive.
We have considered he submissions of the counsels before us and the appellant's grounds of appeal to wit that the sentence was not meant for rehabilitation purposes and taking into account the fact that the appelalnt was a first offender.
From the evidence of P.W.1 the appellant was allegedly in a group of four people who known to the witness. For him to have been alleged to have robbed somebody known to himself this in our mind shows that the appelalnt is just a common thief who can be rehabilitated to be a useful member of society.
We therefore allow the appeal on sentence set aside the same and substitute it with imprisonment for a period of two years.
Dated and delivered at Nyeri this 22nd day of November 2012.
J.K. SERGON
JUDGE
J. WAKIAGA
JUDGE
Miss Ngalyuka for the State.
John Gachuhi Maina
J. WAKIAGA
JUDGE