[2016] KEHC 885 (KLR)
The court held that section 348 of the Criminal Procedure Code precludes an appeal against conviction where the accused has pleaded guilty, except on the extent or legality of the sentence. The appellant's plea of being framed was not supported by any evidence, and since he pleaded guilty, the conviction could not...
Source-derived case information.
- Citation
- [2016] KEHC 885 (KLR)
- Parties
- Appellant: Julius Kayoyi M'Mpika; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 128 of 2014
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed
- Judges
- KW Kiarie
- Legal Topics
- Stock Theft, Plea of Guilty, Right of Appeal, Sentencing, Criminal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Julius Kayoyi M'Mpika
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the appellant, having pleaded guilty, could appeal against conviction and sentence.
- 2 Whether the sentence imposed was excessive given the circumstances.
Ratio Decidendi
The court held that section 348 of the Criminal Procedure Code precludes an appeal against conviction where the accused has pleaded guilty, except on the extent or legality of the sentence. The appellant's plea of being framed was not supported by any evidence, and since he pleaded guilty, the conviction could not be challenged. The sentence of seven years imprisonment was deemed appropriate and not excessive given the substantial number and value of the stolen livestock. Consequently, there was no basis to interfere with either the conviction or the sentence imposed by the trial court.
Court Disposition
appeal dismissed
Orders
- The appeal is dismissed.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
CRIMINAL APPEAL NO. 128 OF 2014
JULIUS KAYOYI M'MPIKA............................................. APPELLANT
VERSUS
REPUBLIC ……………………………………………………. RESPONDENT
(From the original conviction and sentence in criminal case No.3306 of 2014 of the Chief Magistrate’s Court at Maua by O.Wanyaga – Resident Magistrate)
JUDGMENT
The appellant,JULIUS KAYOYI M'MPIKA, was convicted for the offence of stealing stock contrary to section 278 of the Penal Code.
The particulars of the offence were that on the 10th day of August 2014 at Ngaya forest, Kabachi location in Igembe North District of Meru county the appellant stole nine bulls valued at Kshs. 180,000/= the property of SALAD SALESA DIDA.This was after he had pleaded guilty.
He was sentenced to serve seven years imprisonment. He now appeals against both conviction and sentence.
The appellant was in person. He raised one ground of appeal as follows:
That he was framed up due to domestic problems.
The state opposed the appeal and was represented by Mr. Odhiambo, the learned counsel. He contended that the appellant was precluded from appealing by virtue of the provisions of section 348 of the Criminal Procedure Code. The section states:
No appeal shall be allowed in the case of an accused person who has pleaded guilty and has been convicted on that plea by a subordinate court, except as to the extent or legality of the sentence.
I agree with the learned state counsel.
The number of the livestock involved is substantial and in my view the sentence by the learned trial magistrate cannot be said to be excessive. I will have no reasons to disturb it.
The appeal is dismissed.
DATED at Meru 19th day of December 2016
KIARIE WAWERU KIARIE
JUDGE