[2004] KEHC 772 (KLR)

[2004] KEHC 772 (KLR)

The court found that the appellant was properly convicted on his own plea of guilty for shop breaking and committing a felony under Section 306(a) of the Penal Code. The court noted that the appellant's claim of torture by members of the public was unsupported by any evidence. The value of the stolen goods was...

Source-derived case information.

Citation
[2004] KEHC 772 (KLR)
Parties
Appellant: Milton Obote Atieno; Respondent: Republic
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Case Number
Criminal Appeal 366 of 2002
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal dismissed
Judges
BK Tanui
Legal Topics
Shop Breaking, Plea of Guilty, Sentencing, Corporal Punishment
Source Language
en
Criminal Law Shop Breaking Plea of Guilty Sentencing Corporal Punishment

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Milton Obote Atieno

Appellant

Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether the conviction on the appellant's own plea of guilty was proper.
  2. 2 Whether the appellant was subjected to torture by members of the public and if it affected the conviction or sentence.
  3. 3 Whether the sentence imposed was appropriate given the value of the stolen goods.

Ratio Decidendi

The court found that the appellant was properly convicted on his own plea of guilty for shop breaking and committing a felony under Section 306(a) of the Penal Code. The court noted that the appellant's claim of torture by members of the public was unsupported by any evidence. The value of the stolen goods was established at Ksh 5,079, and the sentence of three years imprisonment with three strokes of the cane was deemed appropriate. The appeal was dismissed for lack of merit as there was no legal or factual basis to interfere with the conviction or sentence.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed.