[2003] KEHC 306 (KLR)
The court found that although the sentence of 5 years imprisonment was within the statutory maximum, it was on the higher side for a first offender who pleaded guilty, was remorseful, and where the stolen cow was recovered. Furthermore, the sentence did not comply with Section 278 of the Penal Code, which requires...
Source-derived case information.
- Citation
- [2003] KEHC 306 (KLR)
- Parties
- Appellant: Morianka Ole Mako; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- ? 8 of 2001
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal_partially_allowed
- Legal Topics
- Stock Theft, Sentencing Principles, First Offender, Plea of Guilty
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Morianka Ole Mako
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence imposed for stock theft was excessive given the appellant's status as a first offender and his plea of guilty.
- 2 Whether the sentence complied with the requirements of Section 278 of the Penal Code.
Ratio Decidendi
The court found that although the sentence of 5 years imprisonment was within the statutory maximum, it was on the higher side for a first offender who pleaded guilty, was remorseful, and where the stolen cow was recovered. Furthermore, the sentence did not comply with Section 278 of the Penal Code, which requires that, in addition to imprisonment, the offender is liable to corporal punishment. Exercising its powers under Section 354 of the Criminal Procedure Code, the court reduced the imprisonment term to 2.5 years and added one stroke of the cane, thereby aligning the sentence with statutory requirements and the mitigating circumstances.
Court Disposition
appeal_partially_allowed
Orders
- Imprisonment term reduced to 2.5 years.
- Appellant to receive 1 stroke of the cane.
Full Case Text
Judgment text and source record
11 paragraphs
REPULIC OF KENYA
IN THE HIGH COURT OF KENYAAT NAKURU
CRIMINAL APPEAL NO.8 OF 2001
(From original conviction and sentence in Criminal Case No.15/2001 of the Senior Resident Magistrate’s Court at NAROK –S. K. KOROS(R.M.)
MORIANKA OLE MAKO……………………………APPELLANT VERSUS REPUBLIC……………………………………………RESPONDENT
J U D G M E N T
The Appellant appeals against the sentence imposed against him in Narok SRM’s Court. He had pleaded guilty to a charge of STEALING STOCK contrary to Section 278 of the Penal Code and sentenced to 5 years imprisonment. He had urged the court to review the sentence on grounds he was a first offender, had admitted the charge and was remorseful. The appeal is unopposed.
I do agree that the Appellant was treated as a first offender. The cow he stole was recovered. He pleaded guilty and saved the court’s time. He is remorseful for this offence.
Even though the sentence of 5 years imprisonment was on the higher side, the sentence imposed did not meet the requirements of Section 278 of the Penal Code. Under that Section, in addition to a term of imprisonment not exceeding 14 years, the offender is liable to corporal punishment.
Under provisions of Section 354 of the Criminal Procedure Code, I alter the sentence imposed against the Appellant by reducing the imprisonment to 21/2 years and add 1 stroke of the cane. Appeal succeeds to that extent.
Dated and delivered at Nakuru this 18th day of March, 2003. JESSIE LESIIT JUDGE