[2013] KEHC 600 (KLR)
The court found that the facts presented in the trial record were unclear, sketchy, and did not sufficiently disclose the offence of stock theft as charged under section 278 of the Penal Code. The appellant, a cattle dealer and butcher, purchased the goat in the ordinary course of business without knowledge of its...
Source-derived case information.
- Citation
- [2013] KEHC 600 (KLR)
- Parties
- Appellant: Julius Maina; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 258 of 2011
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal allowed; conviction quashed; sentence set aside; appellant set at liberty unless otherwise lawfully held
- Judges
- GO Shikwe
- Legal Topics
- Stock Theft, Criminal Appeals, Conviction Safety
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Julius Maina
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the facts disclosed the offence of stealing stock contrary to section 278 of the Penal Code.
- 2 Whether the conviction of the appellant was safe based on the evidence presented.
Ratio Decidendi
The court found that the facts presented in the trial record were unclear, sketchy, and did not sufficiently disclose the offence of stock theft as charged under section 278 of the Penal Code. The appellant, a cattle dealer and butcher, purchased the goat in the ordinary course of business without knowledge of its stolen status. The State conceded that the evidence did not support the conviction. Consequently, the court held that the conviction was unsafe and could not stand, leading to its quashing and the setting aside of the sentence.
Court Disposition
appeal allowed; conviction quashed; sentence set aside; appellant set at liberty unless otherwise lawfully held
Orders
- The conviction is quashed.
- The sentence is set aside.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
CRIMINAL APPEAL NO. 258 OF 2011
JULIUS MAINA…...........…..........................................….. APPELLANT
VERSUS
REPUBLIC ……….……..............................................…RESPONDENT
(From Original Conviction and Sentence in Criminal case No. 361 of 2011 in the Senior Resident Magistrate's Court at Mariakani – Hon. Wewa - SRM)
JUDGMENT
The appellant was Convicted and Sentenced to seven years imprisonment for the offence of stealing stock contrary to section 278 of the Penal Code.
The particulars are that at Maili Kubwa area in Taru Location Kwale County, he stole one goat of the value of Ksh. 3,000/= the property of ANNA MUMBUA.
I have made an attempt of perusing the record of proceedings and the facts do not appear clear.
In his grounds of appeal and submissions what comes out clearly is that the Propellant is a cattle dealer and also operates a butchery. He had bought the goat in question in the course of his trade without the knowledge that it was stolen. It is the 1st Accused who had sold the goat to him. The two were arrested after they were found with the slaughtered goat and before weighing could be done.
Miss Ogweno for the state concedes to this appeal on the grounds that the facts do not disclose the offence of stealing. I do concur with Counsel. The facts are sketchy and muddled up and they do not disclose the offence of stock theft.
I do find that the Conviction was not safe. It is quashed and the Sentence set aside. The Appellant is set at liberty unless otherwise lawfully held.
Judgment delivered dated and signed this 17th day of December, 2013.
…......................
M. MUYA
JUDGE
17TH DECEMBER, 2013.
In the presence of:-
Learned State Counsel Miss Ogweno
The Appellant present
Court clerk Chepkwony