[2008] KEHC 681 (KLR)
The court found that the appellant, having pleaded guilty to stealing by servant and having already served almost two years of a six-year sentence for stealing 50 empty jerricans valued at Kshs. 10,000, had been sufficiently punished. The sentence was deemed excessive in the circumstances, and the court exercised...
Source-derived case information.
- Citation
- [2008] KEHC 681 (KLR)
- Parties
- Appellant: Joseph Kamau Kigwa; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 174 of 2008
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- sentence reduced to secure immediate release
- Legal Topics
- Stealing by Servant, Sentencing, Plea of Guilty
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Kamau Kigwa
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence of six years imprisonment for stealing by servant was harsh and excessive.
- 2 Whether the appellant should be granted leniency and the sentence reduced.
Ratio Decidendi
The court found that the appellant, having pleaded guilty to stealing by servant and having already served almost two years of a six-year sentence for stealing 50 empty jerricans valued at Kshs. 10,000, had been sufficiently punished. The sentence was deemed excessive in the circumstances, and the court exercised its discretion to reduce the sentence to secure the appellant's immediate release.
Court Disposition
sentence reduced to secure immediate release
Orders
- The sentence is reduced to a term that will secure the appellant's immediate release.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
Criminal Appeal 174 of 2008
JOSEPH KAMAU KIGWA……………….....................…..............................…..APPELLANT
VERSUS
REPUBLIC……………………....................................……………....RESPONDENT
JUDGMENT
JOSEPH KAMAU KIGWA,the Appellant was on his own plea of guilty to the charge of stealing by servant convicted and sentenced to six years imprisonment. He has appealed against that sentence describing it as harsh and pleading for leniency.
What he is said to have been stolen were 50 empty jerricans of water valued at Kshs. 10,000/-. Having served almost two years, I think he has had enough punishment. I therefore reduce the sentence to such a term that will secure his immediate release.
DATED and delivered this 11th day of December, 2008.
D.K. MARAGA
JUDGE.