[2001] KEHC 716 (KLR)
The court found that the trial magistrate exercised proper sentencing discretion by considering all relevant mitigating factors, including the appellant's tender age and first offender status. The sentence imposed was significantly below the statutory maximum and included corporal punishment as permitted by law....
Source-derived case information.
- Citation
- [2001] KEHC 716 (KLR)
- Parties
- Appellant: Kalama Nzaro Matata; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- ? 107 of 2001
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed; sentence confirmed
- Judges
- DA Onyancha
- Legal Topics
- Sentencing Principles, Store Breaking, First Offender, Corporal Punishment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kalama Nzaro Matata
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence imposed by the trial magistrate was excessive or contrary to sentencing principles.
- 2 Whether the appellant's status as a first offender and his tender age were properly considered in sentencing.
Ratio Decidendi
The court found that the trial magistrate exercised proper sentencing discretion by considering all relevant mitigating factors, including the appellant's tender age and first offender status. The sentence imposed was significantly below the statutory maximum and included corporal punishment as permitted by law. There was no misdirection or error in principle by the trial court. Consequently, there was no justification for appellate interference with the sentence, and the appeal lacked merit.
Court Disposition
appeal dismissed; sentence confirmed
Orders
- The appeal is dismissed.
- The sentence of two years imprisonment and three strokes of the cane is confirmed.
Full Case Text
Judgment text and source record
11 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MOMBASA APPELLATE SIDE CRIMINAL APPEAL NO. 107 OF 2001
(From the Original Conviction and Sentence in Criminal Case No. 185 of 2001 of the Resident Magistrate’s Court at Kaloleni –K. Muneeni, Esq., –R.M.)
KALAMA NZARO MATATA………………………………. APPELLANT =V E R S U S= REPUBLIC ……………………………………………..….RESPONDENT
J U D G M E N T
The appellant was charged with the offence of Store Breaking and committing a felony therein contrary to section 306 (a) of the Penal Code. He was sentenced to serve imprisonment of 2 years with 3 strokes of the cane. He appeals against sentence.
The value of the goods stolen from the complainants store were Kshs. 50,000/- and none were recovered. The appellant is a 1st offender. He pleaded guilty and thus saved courts time as well as spared the state the expenses of proving the charge through a lengthy trial.
The trial Magistrate before sentencing took into account the appellants tender age. He considered the fact that the appellant was a first offender. The maximum sentence available to him was seven years with corporal punishment. The learned Magistrate however, gave only two years and 3 strokes. He did not break any principles of sentencing and he was mindful of all the factors before him including tender age.
I see no merit in this appeal. I therefore dismiss the same and confirm the sentence.
Dated and Delivered at Mombasa on 21st November 2001.
D. A. ONYANCHA
JUDGE