[2017] KEHC 1340 (KLR)
The court found that the sentence of 2½ years on each of four counts, ordered to run consecutively for a total of 10 years, was excessive for the offence of breaking into a dwelling house and stealing under sections 304(1)(a) and 279(6) of the Penal Code. The respondent conceded the excessiveness of the sentence....
Source-derived case information.
- Citation
- [2017] KEHC 1340 (KLR)
- Parties
- Appellant: John Oduor Otieno; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 97 of 2016
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal_allowed
- Judges
- DAS Majanja
- Legal Topics
- Sentencing Appeals, Breaking and Entering, Penal Code Section 304, Penal Code Section 279, Conviction and Sentence, Release Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Oduor Otieno
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence imposed on the appellant for breaking into a dwelling house and stealing was excessive and warranted appellate intervention.
Ratio Decidendi
The court found that the sentence of 2½ years on each of four counts, ordered to run consecutively for a total of 10 years, was excessive for the offence of breaking into a dwelling house and stealing under sections 304(1)(a) and 279(6) of the Penal Code. The respondent conceded the excessiveness of the sentence. The court exercised its appellate jurisdiction to quash the original sentence and substituted it with an order that the sentences run concurrently. Since the appellant had already served the sentence, the court ordered his release unless otherwise lawfully held.
Court Disposition
appeal_allowed
Orders
- The appeal on sentence is allowed.
- The sentences imposed by the trial court are quashed.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT AT SIAYA
CRIMINAL APPEAL NO. 97 OF 2016
BETWEEN
JOHN ODUOR OTIENO...........................................APPELLANT
AND
REPUBLIC..............................................................RESPONDENT
(Being an Appeal against the original conviction and sentence ofHon. M.S. Kimani, RMdated 19th March 2015 in Siaya Principal Magistrates Court Criminal Case No. 101 of 2014)
JUDGMENT
1. The appellant, JOHN ODUOR OTIENO, wishes to appeal against sentence only. He was charged and convicted on four counts of breaking into a dwelling house and stealing contrary to section 304(1)(a) as read with section 279(6)of the Penal Code (Chapter 63 of the Laws of Kenya). He was convicted and sentenced to 2½ years on all the counts which were to run consecutively resulting to a total of 10 years.
2. Counsel for the Respondent has correctly conceded that the sentence was excessive and ought to have been considered.
3. The appeal on sentence is allowed. The sentences are quashed and substituted with an order that they run consecutively. Since the appellant has served the sentence, he is released unless otherwise lawfully held.
DATED AND SIGNED AT SIAYA THIS 22ND DAY OF DECEMBER 2017.
D. S. MAJANJA
JUDGE
Appellant in Person.
Ms Odumba, Prosecution Counsel, instructed by the Director of Public Prosecutions for the State.
Court Assistants: L. Odhiambo and L. Atika.