[2016] KEHC 3647 (KLR)
The High Court found that the applicant had pleaded guilty to the charge of stealing stock and was convicted on his own plea. The sentence of three years imprisonment imposed by the trial magistrate was within the legal limit prescribed by law. The trial magistrate exercised proper discretion in sentencing, and...
Source-derived case information.
- Citation
- [2016] KEHC 3647 (KLR)
- Parties
- Applicant: Morris Muhindi Onamu; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 12 of 2016
- Procedural Posture
- Criminal Revision / Ruling on Revision
- Outcome
- application for revision dismissed; sentence of trial court upheld
- Legal Topics
- Stealing Stock, Plea of Guilty, Sentencing Discretion
- 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
Morris Muhindi Onamu
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Revision
Legal Issues
- 1 Whether the sentence imposed by the trial court was within the legal limits and warranted revision.
- 2 Whether the applicant's plea of guilty and conviction were proper.
Ratio Decidendi
The High Court found that the applicant had pleaded guilty to the charge of stealing stock and was convicted on his own plea. The sentence of three years imprisonment imposed by the trial magistrate was within the legal limit prescribed by law. The trial magistrate exercised proper discretion in sentencing, and there was no error or illegality in the proceedings or the sentence. Consequently, there were no reasonable grounds for the High Court to interfere with or revise the sentence imposed by the lower court.
Court Disposition
application for revision dismissed; sentence of trial court upheld
Orders
- The applicant shall serve the sentence imposed on him by the trial court.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KAKAMEGA
CRIMINAL REVISION NO.12 OF 2016
MORRIS MUHINDI ONAMU....................................................APPLICANT
VERSUS
REPUBLIC...........................................................................RESPONDENT
RULING ON REVISION
1. The applicant was charged before Senior Principal Magistrate’s Court at Hamisi with the offence of stealing stock contrary to section 278 of the penal code. Particulars were that on the 27th day of July 2015 at Nyang’ori village, Gamalenga Location in Hamisi Sub-county within Vihiga County stole one cow, grey in colour valued at Kshs.20,000/- the property of Christine Mbone.
2. When the charge was read to the applicant, he pleaded guilty and also confirmed the facts to be true once they were read to him. The lower court then convicted the applicant on his own plea of guilty and sentenced him to 3 years imprisonment.
3. This file has subsequently been placed before me for revision under section 364(1) of the Criminal Procedure Code. I have perused the record of the trial court and the orders made therein. The applicant pleaded guilty to the charge and was convicted on his own plea of guilty. The sentence of 3 years meted out is within the legal limit and the trial magistrate exercised has discretion in meting out that sentence. I do not therefore find reasonable ground to interfere in this matter. The applicant to serve sentence imposed on him by the trial court.
Dated and delivered at Kakamega this 5th day of May, 2016.
E.C. MWITA
JUDGE