[2003] KEHC 38 (KLR)
The court found that the sentence of 7 years imprisonment and 2 strokes of the cane on each limb was excessive given the appellant's age, the value of the goods stolen, and the recovery of most of the stolen property. Additionally, the court held that the imposition of corporal punishment for the offence of house...
Source-derived case information.
- Citation
- [2003] KEHC 38 (KLR)
- Parties
- Appellant: John Kimita Maina; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 114 of 2001
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal allowed in part
- Judges
- JW Lessit
- Legal Topics
- Sentencing, House Breaking, Stealing, Corporal Punishment, Penal Code Interpretation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Kimita Maina
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence imposed on the appellant was excessive given the circumstances of the offence.
- 2 Whether the imposition of corporal punishment for the offence of house breaking was lawful.
Ratio Decidendi
The court found that the sentence of 7 years imprisonment and 2 strokes of the cane on each limb was excessive given the appellant's age, the value of the goods stolen, and the recovery of most of the stolen property. Additionally, the court held that the imposition of corporal punishment for the offence of house breaking was illegal, as the Penal Code does not provide for such punishment for that offence. The court therefore reduced the prison terms to 3 years on each limb, to run concurrently, and set aside the corporal punishment on the first limb.
Court Disposition
appeal allowed in part
Orders
- Prison terms reduced to 3 years imprisonment on each limb, to run concurrently from date of sentence.
- Corporal punishment of 2 strokes on the first limb set aside.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
Criminal Appeal 114 of 2001
(From original conviction and sentence in Criminal
Case No.1080 of 2000 of the Senior Resident Magistrate’s
Court at MOLO - J. KIARIE (S.R.M.)
JOHN KIMITA MAINA……………................................................................……………….APPELLANT
VERSUS
REPUBLIC………………........................................................………………………….RESPONDENT
J U D G M E N T
The Appellant has appealed against the sentence on grounds it was excessive and that he was young aged only 20 years old.
The State Counsel did not oppose the appeal and submitted that value of goods stolen was 2000/- and that most of it was recovered through co-operation by the accused. The charge facing the Appellant was House Breaking and Stealing contrary to Section 304(1) and 279(b) of the Penal Code. He was sentenced to 7 years imprisonment and 2 strokes of the cane on each limb with prison terms running concurrently and the strokes cumulatively.
I do agree that given the circumstances of the offence that the sentence was excessive. The sentence of strokes on the first limb of House Breaking was illegal as that charge does not call for corporal punishment. I will allow the appeal in part by reducing the prison terms to 3 years imprisonment on each limb and setting aside corporal punishment of 2 strokes on the first limb. Prison terms should run concurrently from date of sentence.
Dated and delivered at Nakuru this 25th day of March, 2003.
JESSIE LESIIT
JUDGE