[2007] KEHC 1063 (KLR)
The court found that the sentence of 5 years imprisonment imposed on the appellants for stealing stock was excessive given the mitigating factors: both appellants pleaded guilty, were first offenders, the stolen animals were recovered and returned to the complainant, and they expressed remorse. The court exercised...
Source-derived case information.
- Citation
- [2007] KEHC 1063 (KLR)
- Parties
- Appellant: Monica Iguna Gicasi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 89 of 2005
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal_allowed_in_part
- Legal Topics
- Stealing Stock, Sentencing, Plea of Guilty, Handling Stolen Property
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Monica Iguna Gicasi
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence of 5 years imprisonment for stealing stock was harsh and excessive in the circumstances.
- 2 Whether the appellants' guilty plea, status as first offenders, recovery of stolen property, and remorse warranted a reduction of sentence.
Ratio Decidendi
The court found that the sentence of 5 years imprisonment imposed on the appellants for stealing stock was excessive given the mitigating factors: both appellants pleaded guilty, were first offenders, the stolen animals were recovered and returned to the complainant, and they expressed remorse. The court exercised its discretion to reduce the sentence, holding that a 2-year imprisonment term was appropriate in the circumstances. The appeal was allowed to the extent of substituting the original sentence with a reduced term.
Court Disposition
appeal_allowed_in_part
Orders
- The sentence of 5 years imprisonment is set aside.
- The appellants are sentenced to 2 years imprisonment from the date of conviction.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT EMBU
Criminal Appeal 89 of 2005
MONICA IGUNA GICASI……….…………………..………………APPELLANT
VERSUS
REPUBLIC………………………………..………………………RESPONDENT
JUDGMENT
Both appellants in Criminal appeal No. 89/05 and 94/05 were tried in one case Criminal Case No.943 of 2005 in Senior Resident Magistrate’s Court at Siakago. They were charged with offence of stealing stock contrary to section 274 Penal Code and alternate count of handling stolen property under Section 322 (2) penal Code. Both appellants pleaded guilty and were convicted on own pleas of guilty and were sentenced to 5 years each imprisonment. The facts are that the complainant left his two bulls in the cattle shed in his home. In the morning he found the animals gone. He reported the matter to area assistant chief. A search was conducted and the bulls were recovered from appellants who were arrested and taken to police station. The appellants now say the sentence of 5 years imprisonment is harsh and excessive. It is to be considered that the maximum of this offence is 14 years imprisonment and the Appellants pleaded guilty thus saved court time and they were first offenders and that the animals were recovered and returned to the complainant and they were remorseful.
I find the sentence of 5 years is excessive in the circumstances the appellants are now serving 2nd year in jail.
In the circumstances I set aside sentence of 5 years imprisonment and substitute the same with imprisonment for 2 years from the date of conviction. The appeal is allowed to that extent.
Dated this 17th July, 2007.
J. N. KHAMINWA
JUDGE
17/7/2007
Khaminwa – Judge
Njue - Clerk
Mr. Kimathi
Appellant present
Read in open court.
J. N. KHAMINWA
JUDGE