[2014] KEHC 3148 (KLR)
The High Court found that the six-year custodial sentence imposed on the appellant, a first offender convicted of shop breaking and stealing goods worth Kshs. 35,000, was harsh and excessive. The trial court failed to consider the appellant's status as a first offender and did not call for a pre-sentence report to...
Source-derived case information.
- Citation
- [2014] KEHC 3148 (KLR)
- Parties
- Appellant: Komu Mutia Kite; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 76 of 2007
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- sentence reduced to period already served
- Judges
- BT Jaden
- Legal Topics
- Sentencing Principles, Shop Breaking, First Offender Treatment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Komu Mutia Kite
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence of six years imprisonment for shop breaking and stealing was harsh and excessive.
- 2 Whether the trial court erred by not considering a non-custodial sentence for a first offender.
Ratio Decidendi
The High Court found that the six-year custodial sentence imposed on the appellant, a first offender convicted of shop breaking and stealing goods worth Kshs. 35,000, was harsh and excessive. The trial court failed to consider the appellant's status as a first offender and did not call for a pre-sentence report to assess suitability for a non-custodial sentence. Given that the appellant had already served almost the entire sentence, the High Court exercised its discretion to reduce the sentence to the period already served, holding that justice would be better served by such reduction.
Court Disposition
sentence reduced to period already served
Orders
- The sentence of six years imprisonment is set aside and substituted with a sentence of the period already served.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MACHAKOS
CRIMINAL APPEAL NO. 76 OF 2007
KOMU MUTIA KITE ………………………………..…… APPELLANT
VERSUS
REPUBLIC
(Being an appeal from the sentence of Hon. Richard Odenyo (SRM) delivered on 12/04/2007 in Mwingi Senior Resident Magistrate’s Court Criminal Case No. 403 of 2007)
************************************
(Before Hon. B. Thuranira Jaden J)
J U D G M E N T
The Appellant, Komu Mutia Kite, was charged with the offence of shop breaking and stealing contrary to section 306 (a) of the Penal Code.
The particulars of the offence were that on the night of 25th day of March 2007 and 26th day of March 2007 at Mwingi Township, Mwingi Location in Mwingi District within the Eastern Province, jointly broke and entered a building namely shop of one Tabitha Morris Musyoka with intent to steal and did steal from therein goods worth Kshs.35,000/=.
The Appellant pleaded guilty to the offence and was sentenced to six (6) years imprisonment.
The Appellant was aggrieved by both the conviction and sentence and appealed to this court on sentence only. The Appellant stated that the sentence was harsh and implored the court to reduce the same to the period already served.
I have taken into account the value of the goods stolen. The trial court’s record shows that the Appellant was being treated as a first offender. Clearly the sentence of six years was harsh and excessive. The trial court ought to have called for a pre-sentence report to consider whether the Appellant was suitable for non-custodial sentence.The Appellant has already almost served the entire sentence. I reduce the sentence to the period already served.
………………………………………
B. THURANIRA JADEN
JUDGE
Dated and delivered at Machakos this 31st day of July 2014.
………………………………………
B. THURANIRA JADEN
JUDGE