[2024] KEHC 14923 (KLR)
The court found that the sentence of 7 years imprisonment imposed on the appellant was lawful and lenient, given the maximum penalty of 14 years under Section 278 of the Penal Code and the fact that the stolen animals were not recovered. The appellant benefited from the offence and there was no justification to...
Source-derived case information.
- Citation
- [2024] KEHC 14923 (KLR)
- Parties
- Appellant: Nancy Auma Kibaso; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Migori
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal E119 of 2022
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed
- Judges
- A. Ong’injo
- Legal Topics
- Stealing Stock, Sentencing Principles, Remand Period Credit
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nancy Auma Kibaso
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence imposed on the appellant was harsh and excessive in the circumstances.
- 2 Whether the appellant is entitled to a review of sentence to a non-custodial sentence or an option of a fine.
- 3 Whether the period spent in remand should be considered in computing the sentence.
Ratio Decidendi
The court found that the sentence of 7 years imprisonment imposed on the appellant was lawful and lenient, given the maximum penalty of 14 years under Section 278 of the Penal Code and the fact that the stolen animals were not recovered. The appellant benefited from the offence and there was no justification to interfere with the trial magistrate's exercise of discretion. However, the court held that the appellant was entitled to have the period spent in remand from 12 April 2022 considered in computing her sentence, and ordered that the sentence should run from that date.
Court Disposition
appeal dismissed
Orders
- The appeal is dismissed.
- The appellant's sentence shall run from 12 April 2022, the date of arraignment.
Full Case Text
Judgment text and source record
26 paragraphs
Kibaso v Republic (Criminal Appeal E119 of 2022) [2024] KEHC 14923 (KLR) (7 November 2024) (Judgment)
Neutral citation: [2024] KEHC 14923 (KLR)
Republic of Kenya
In the High Court at Migori
Criminal Appeal E119 of 2022
A. Ong’injo, J
November 7, 2024
Between
Nancy Auma Kibaso
Appellant
and
Republic
Respondent
(From original conviction and sentence by Hon. J. Munguti Senior Principal Magistrate in Chief Magistrate’s Court at Migori in Criminal Case No. E. 202of 2022 delivered on 03/11/2022)
Judgment
1. The Appellant Nancy Auma Kibaso and her co- accused William Omollo Okwako were jointly charged in Migori CMCR No. E202 OF 2022 with the offence of stealing stock contrary to Section 278 of the Penal Code.
2. The particulars were that William Omollo Okwako and Nacny Auma Kibaso on the 24th day of March 2022 at Marindi in Suna West Sub County Migori County within the Republic of Kenya stole 3 cows valued at Kshs. 150,000/= the property of Evaline Awuor Adhiambo. The trial Magistrate upon considering the evidence of the 5 prosecution witnesses and Appellants sworn statement and her co-accused persons unsworn statement found that the prosecution had proved its case beyond all reasonable doubt and the Appellant was convicted and sentenced to serve 7 years jail term.
3. The trial Magistrate said that the Appellant was not remorseful but considering she was a first offender meted 7 years jail term on 3. 11. 2022
4. The Appellant was aggrieved by the sentence and she petitioned the court vide No E119 of 2022 an undated petition in which she sought review of her sentence to be substituted with a non-custodial sentence or an option of a fine.
5. The Appellant filed submissions on 20. 9.2024 and the Respondent was granted 14 days from 23. 9.2024 to file and serve submissions but upto the time of writing this judgment they had not filed any.
6. In the Appellants submissions she said that she was a first offender and that she was remorseful and regretted the offence she committed. She said she was totally rehabilitated and had learnt from her mistake. She said the sentence meted against her was lawful but harsh and excessive and she sought that the same should be reviewed to the period she had already served.
7. Section 278 of the Penal Code provides for a penalty of imprisonment for a period not exceeding 14 years. The Appellant was granted only 7 years out of the possible 14 years after she was convicted.
8. This court finds that the sentence was lenient considering she benefit of Kshs. 50,000/= she accrued from the offence and the fact that the complainants stolen animals were not recovered. There is no reason to warrant interference with the trial magistrates exercise of discretion in sentencing the Appellant. The Appeal lacks merit and is dismissed.
9. The only thing that this court finds the Appellant to be entitled to is the remand period from 12. 4.2022 when she was arraigned in court. The Appellants sentence should therefore run from 12. 4.2022.
10. Orders accordingly.
DELIVERED DATED AND ASSIGNED AT MIGORI THIS 7THDAY OF NOVEMBER, 2024. A. ONGI’NJOJUDGEIn the presence of: