[2017] KEHC 8252 (KLR)
The High Court found that the trial magistrate considered all relevant factors, including the appellant's status as a first-time offender and the seriousness of the offence. The sentence of 3 years imprisonment was well within the statutory maximum of 14 years for stock theft under section 278 of the Penal Code....
Source-derived case information.
- Citation
- [2017] KEHC 8252 (KLR)
- Parties
- Appellant: Joseph Lekamaratiwa; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 21 of 2016
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed
- Judges
- MM Kasango
- Legal Topics
- Sentencing Principles, Stock Theft, Penal Code Section 278
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Lekamaratiwa
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence of 3 years imprisonment for stock theft was excessive or improper.
- 2 Whether the trial court erred in exercising its sentencing discretion.
Ratio Decidendi
The High Court found that the trial magistrate considered all relevant factors, including the appellant's status as a first-time offender and the seriousness of the offence. The sentence of 3 years imprisonment was well within the statutory maximum of 14 years for stock theft under section 278 of the Penal Code. There was no evidence that the trial court acted on wrong principles or overlooked material facts. Therefore, the appellate court saw no basis to interfere with the sentence imposed by the trial court.
Court Disposition
appeal dismissed
Orders
- The appellant's appeal is dismissed.
- The sentence of 3 years imprisonment imposed by the trial court is upheld.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYAAT NANYUKI
CRIMINAL APPEAL NO. 21 OF 2016
JOSEPH LEKAMARATIWA…………………………………APPELLANT
versus
REPUBLIC………….……………………….......………….RESPONDENT
(Being an appeal from the original conviction and sentence by Hon. E. BETT – SENIOR RESIDENT MAGISTRATE dated 10th February, 2015 in Nanyuki Chief Magistrate’s Court Criminal Case No. 108 of 2015)
JUDGMENT
1. JOSEPH LEKAMARATIWAwas charged before Nanyuki Chief Magistrate’s courts with the offence of stealing stock contrary to section 278 of the Penal Code Cap 63. He pleaded guilty to the offence and was sentence to 3 years imprisonment. He presents this appeal against sentence.
2. The facts of this case were that the appellant was arrested on 9th February 2015 with two sheep which were later found to belong to Regan Leiyayu. The appellant had stolen them. Both sheep were valued at Ksh.10,000. The trial court in sentencing the appellant bore in mind that the appellant was a first time offender and that the offence he committed was grave.
3. This court is guided by the principles set out in the case MACHARIA VS REPUBLIC (2003) KLR 115 where the court stated thus:-
“The court does not alter a sentence on the mere ground that if the member of the court had been trying the appellant, they might have passed a somewhat different sentence…….. The court will also not ordinarily interfere with the discretion exercised by a trial judge unless as was held in James vs Republic (1950) EA 147. It is evident that the judge has acted upon some wrong principles or overlooked some material facts.”
4. The maximum sentence under section 278 of Cap 63 is 14 years imprisonment. The appellant was sentence to serve 3 years imprisonment.
5. In my view, bearing in mind the maximum sentence that the offence attracts and bearing in mind that the appellant stole two sheep, the trial court did not err in the sentence it meted out to the appellant. The sentence in this court’s view was commensurative to the offence.
Accordingly the appellant’s appeal is hereby dismissed. The trial court’s sentence is upheld.
DATED AND DELIVERED THIS 25TH DAY OF JANUARY 2017.
MARY KASANGO
JUDGE
CORAM
Before Justice Mary Kasango
Court Assistant: Njue
Appellant: Joseph Lekamaratiwa
For the State: …...............................
COURT
Judgment delivered in open court.
MARY KASANGO
JUDGE