[2013] KEHC 2777 (KLR)
The court found that the sentence of ten years imprisonment for stealing a goat worth Ksh. 3,000 was manifestly harsh and excessive, particularly as the appellant pleaded guilty at the first instance, was treated as a first offender, and had already served close to two and a half years. The court held that the...
Source-derived case information.
- Citation
- [2013] KEHC 2777 (KLR)
- Parties
- Appellant: Musyoka Mutua; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 82 of 2011
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- Appeal allowed. Sentence reduced to period already served. Appellant to be released unless otherwise lawfully held.
- Judges
- GO Shikwe
- Legal Topics
- Stealing Stock, Sentencing Principles, First Offender, Plea of Guilty
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Musyoka Mutua
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence of ten years imprisonment for stealing stock was manifestly harsh and excessive in the circumstances.
- 2 Whether the appellant's plea of guilty and status as a first offender warranted a reduction of sentence.
Ratio Decidendi
The court found that the sentence of ten years imprisonment for stealing a goat worth Ksh. 3,000 was manifestly harsh and excessive, particularly as the appellant pleaded guilty at the first instance, was treated as a first offender, and had already served close to two and a half years. The court held that the period already served constituted sufficient punishment and reduced the sentence accordingly, ordering the appellant's immediate release unless otherwise lawfully held.
Court Disposition
Appeal allowed. Sentence reduced to period already served. Appellant to be released unless otherwise lawfully held.
Orders
- The imprisonment term of ten years is reduced to the term already served.
- The appellant is set at liberty unless otherwise lawfully held.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBL
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
CRIMINAL APPEAL NO. 82 OF 2011
MUSYOKA MUTUA….......................…...............................……..APPELLANT
VERSUS
REPUBLIC ……….…….........................................................…RESPONDENT
(From the Original Conviction and Sentence in the Criminal Case No. 685 of 2010 of the Principal Magistrate's Court at Voi – Hon. Nyakundi L.M. - RM)
JUDGMENT
The appellant was Convicted of the offence of stealing stock contrary to section 278 of the Penal Code and was Sentenced to ten years imprisonment.
The particulars of the charge are that on the 13th day of September, 2010 at Kariokor Estate in Taita Taveta County, he stole one goat of the value of Ksh. 3,000/= the property of SALOME WAMBUI.
The Accused pleaded guilty to the charge. No previous records were presented to the Court.
The maximum Sentence under section 278 of the Penal Code is fourteen years. The Sentence of ten years for stealing a goat worth Ksh. 3,000/= is manifestly harsh and excessive more so when the appellant pleaded guilty to the charge at the first instance and hence saved Judicial time. He was treated as a first offender. It is noted that he has served close to two and half years.
That term is deemed sufficient punishment. The imprisonment term of ten years is reduced to the term he has already served. He is set at liberty unless otherwise lawfully held.
Judgment read and delivered in open Court this 13th day of August, 2013.
…..............
M. MUYA
JUDGE
13TH AUGUST, 2013
In the presence of:-
Learned State Counsel Miss Ogweno for the State
The appellant present
Court clerk Musundi
M. MUYA
JUDGE
13TH AUGUST, 2013