[2003] KEHC 443 (KLR)
The court found that the conviction for stealing by servant was supported by the evidence presented at trial and that the sentence of 18 months imprisonment was within the legal limits prescribed by Section 281 of the Penal Code. The appeal was not admitted to hearing, and the sentence had already been served by the...
Source-derived case information.
- Citation
- [2003] KEHC 443 (KLR)
- Parties
- Appellant: Kahindi Katana Kalama; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- ? 168 of 1991
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Stealing by Servant, Penal Code Section 281, Conviction Appeal, Sentence Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kahindi Katana Kalama
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the conviction for stealing by servant under Section 281 of the Penal Code was proper.
- 2 Whether the sentence of 18 months imprisonment was justified.
Ratio Decidendi
The court found that the conviction for stealing by servant was supported by the evidence presented at trial and that the sentence of 18 months imprisonment was within the legal limits prescribed by Section 281 of the Penal Code. The appeal was not admitted to hearing, and the sentence had already been served by the appellant. Accordingly, the appeal was dismissed.
Court Disposition
appeal dismissed
Orders
- The appeal is dismissed.
Full Case Text
Judgment text and source record
2 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MOMBASA APPELLATE SIDE CRIMINAL APPEAL NO.168 OF 1991 (From original conviction and sentence in Criminal Case No.837 of the Senior Resident Magistrate’s Court at Malindi recorded on 20 thMay 1991) KAHINDI KATANA KALAMA …………………………….. APPELLANT VERSUS REPUBLIC ………………………………………………. RESPONDENT J U D G M E N T Appellant was convicted of Stealing by Servant Contrary to Section 281 of the Penal Code and sentenced to 18 months imprisonment. He has appealed against conviction and sentence. This appeal was not admitted to hearing and sentence of imprisonment has been served. Appeal is dismissed. Dated and delivered at Mombasa this 22nd July 2003.
A.G.A. ETYANG JUDGE