[2011] KEHC 2642 (KLR)
The court found that while the appellant was a habitual offender with previous convictions for similar offences, the sentence of seven years imprisonment was excessive given the value of the stolen heifer (Ksh16,000) and the appellant's plea of guilty. The court exercised its discretion to set aside the original...
Source-derived case information.
- Citation
- [2011] KEHC 2642 (KLR)
- Parties
- Appellant: John Karimi Kanyi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 49 of 2010
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- sentence varied; appeal partially allowed
- Judges
- RPV Wendoh
- Legal Topics
- Sentencing Principles, Habitual Offender, Stealing Stock, Handling Stolen Goods
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Karimi Kanyi
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence of seven years imprisonment for stealing stock was harsh and excessive in the circumstances.
- 2 Whether the appellant's previous convictions justified the sentence imposed by the trial court.
- 3 Whether the sentence should be reduced in light of the appellant's mitigation and plea of guilty.
Ratio Decidendi
The court found that while the appellant was a habitual offender with previous convictions for similar offences, the sentence of seven years imprisonment was excessive given the value of the stolen heifer (Ksh16,000) and the appellant's plea of guilty. The court exercised its discretion to set aside the original sentence and substituted it with a sentence of four years imprisonment, to run from the date of the original sentence. The court declined to order the sentence to run concurrently with another sentence as the other case was not before the court.
Court Disposition
sentence varied; appeal partially allowed
Orders
- The sentence of seven years imprisonment is set aside.
- The appellant is sentenced to four years imprisonment from 28th January 2010.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COUR OF KENYA
AT NAKURU
CRIMINAL APPEAL NO 49 OF 2010
JOHNKARIMI KANYI ………........................................................………APPELLANT
VERSUS
REPUBLIC………………………............................................................……….RESPONDENT
J U D G E M E N T
JOHN KARIMI KANYI was jointly charged with Daniel Maina Ndungu, for the offence of stealing Stock Contrary to section 278 of the Penal Code, in the alternative, John Karimi Kanyi was charged with handling stolen goods contrary to section 322 (2) of the Penal Code.
On 21st December 2009, John Karimi Kanyi, 1st accused was convicted on his own plea of guilty , and was sentenced to 7 years imprisonment. As regards the 2nd accused the case proceeded to full hearing and he was acquitted.
John Karimi Kanyi, the appellant herein, has appealed against sentence on the grounds that the same was harsh and excessive as he had pleaded to the offence. In support of his appeal he filed five grounds which are basically mitigation similar to what he said Lower Court. It seems he was convicted in another case which is not before me today and he wants the sentences to run concurrently, but that, this court cannot do because this case is not before me. Mr Omutelema, submitted that since what was stolen was a heifer worth Ksh16,000 the sentence was excessive in the circumstances .
I have read the record of appeal and I note that before sentence, the prosecutor produced the appellant’s previous criminal records . He was earlier convicted for an offence of burglary and stealing in 2007 and 2008 he was convicted of an offence of stealing stock and was sentenced to one year imprisonment. The other offences in his previous records were not relevant to the charge he was facing. The trial Court took into account that he was a habitual offender before handing him 7 years imprisonment.
All that is contained in petition of appeal is mitigation similar to what the appellant told the trial court. At that time of sentence, he was serving another jail term. The appellant is a young man but he has been a habitual offender and taking into account what was stolen, I hereby set aside the sentence the seven(7) years imprisonment . Instead I sentence the appellant to four(4) years imprisonment and sentence will run from the date of sentence on 28th January 2010.
Orders accordingly.
DATED AND DELIVERED THIS 23RD DAY OF MAY 2011
R.P.V WENDOH
JUDGE
PRESENT
Appellant
CC: Kennedy Oguma