[2017] KEHC 2322 (KLR)
The court found that the appellant's claim of having received the maximum penalty was incorrect, as section 278 of the Penal Code prescribes a maximum sentence of fourteen years for stealing stock, whereas the appellant was sentenced to four years. The court held that the sentence imposed was not harsh or excessive...
Source-derived case information.
- Citation
- [2017] KEHC 2322 (KLR)
- Parties
- Appellant: Lawrence Ejojat Imo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Busia
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 31 of 2016
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed
- Judges
- KW Kiarie
- Legal Topics
- Stealing Stock, Sentencing, Penal Code Section 278
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Lawrence Ejojat Imo
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence imposed on the appellant for stealing stock was excessive or amounted to the maximum penalty under the law.
Ratio Decidendi
The court found that the appellant's claim of having received the maximum penalty was incorrect, as section 278 of the Penal Code prescribes a maximum sentence of fourteen years for stealing stock, whereas the appellant was sentenced to four years. The court held that the sentence imposed was not harsh or excessive in the circumstances and was within the legal limits set by statute. The appeal against sentence was therefore dismissed.
Court Disposition
appeal dismissed
Orders
- The appeal is dismissed.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT BUSIA
CRIMINAL APPEAL NO. 31 OF 2016
LAWRENCE EJOJAT IMO...................................APPELLANT
VERSUS
REPUBLIC............................................................... REPUBLIC
(From the original conviction and sentence in Criminal case No. 699 of 2016 of the Chief Magistrate’s Court at Busia by Hon. M. Nanzushi– Senior Resident Magistrate)
JUDGMENT
LAWRENCE EJOJAT IMO,the appellant was convicted for the offence of stealing stock contrary to section 278 of the Penal Code.
The particulars of the offence were that on the night between 24th and 25th March 2016 atKWILAREvillage, NAMBALEsub County ofBUSIA County, he stole one cow valued at Kshs. 40 000/= the property of JERAD OCHANA.
He was sentenced to serve 4 years imprisonment. He has appealed against the sentence.
The appellant was in person. He contended that he was sentenced to the maximum penalty.
The state opposed the appeal through Mr. Owiti, the learned counsel. He argued that the sentence was lenient in the circumstances of the case.
The facts of the prosecution case were briefly as follows:
On 25th March 2015 in the evening the complainant tethered his cow in his compound. Later he went to sleep. At about 4 a.m he discovered that the cow was missing. He alerted his neighbours. The appellant was arrested with it and detained. He pleaded guilty to the offence.
It is not true for the appellant to allege that he was sentenced to the maximum penalty provided by the law. Section 278 of the Penal Code provides as follows:
If the thing stolen is any of the following things, that is to say, a horse, mare, gelding, ass, mule, camel, ostrich, bull, cow, ox, ram, ewe, wether, goat or pig, or the young thereof the offender is liable to imprisonment for a period not exceeding fourteen years.
The maximum penalty for the offence is 14 years. The sentence meted out cannot be termed as harsh. The appeal is dismissed.
DELIVEREDandSIGNEDatBUSIA this 7thdayof November, 2017
KIARIE WAWERU KIARIE
JUDGE