[1987] KEHC 20 (KLR)
The court found that the prosecution's evidence, including testimony from the complainants and the recovery of stolen items from the appellant's house, was unchallenged and credible. The appellant did not provide any explanation for the possession of the stolen items. The court held that there was no merit in the...
Source-derived case information.
- Citation
- [1987] KEHC 20 (KLR)
- Parties
- Appellant: Mutiso; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 58 of 1987
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed
- Judges
- ENA Torgbor
- Legal Topics
- Burglary, Theft, Sentencing, Evidence Evaluation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mutiso
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the evidence adduced by the prosecution was sufficient to sustain the conviction for burglary and theft.
- 2 Whether the sentence imposed by the trial magistrate was proper in light of the appellant's previous convictions.
Ratio Decidendi
The court found that the prosecution's evidence, including testimony from the complainants and the recovery of stolen items from the appellant's house, was unchallenged and credible. The appellant did not provide any explanation for the possession of the stolen items. The court held that there was no merit in the grounds of appeal as the evidence was sufficient to sustain the convictions. The court also considered the appellant's previous convictions and found that the imposition of consecutive sentences by the trial magistrate was proper. Accordingly, the convictions and sentences were upheld.
Court Disposition
appeal dismissed
Orders
- The appeal against conviction and sentence is dismissed.
- The convictions and sentences imposed by the trial magistrate are upheld.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MACHAKOS
CRIMINAL APPEAL NO 58 OF 1987
MUTISO………,……………….………APPELLANT
V
REPUBLIC…………………………………..RESPONDENT
JUDGMENT
The appellant was convicted on three counts of burglary and theft and sentenced to 9 months imprisonment on each plus three strokes of the cane. Having perused the 13 grounds of appeal I am satisfied that they constitute a challenge to the evidence produced against the appellant. In this appeal the appellant has indeed said that he was not satisfied with the evidence tendered against him. Looking at the record there was evidence by the three complainants showing their respective houses were broken into and various items stolen therefrom. The investigating officer PW 5 recovered a quantity of these items from the appellants house. There is no burden on the accused to give testimony or prove his innocence and indeed he gave no explanation as to how the said items came into his possession. The prosecution evidence was not challenged and I therefore accept it. I have perused the grounds of appeal but I do not see merit in them as the prosecution evidence was unchallenged. I am satisfied therefore that the convictions were proper and they are upheld.
Regarding sentence I observe that the appellant has two previous convictions one of which is relevant and is of the same type as the charges upon which the present convictions were based. The offences were committed on diverse days and in my view the learned trial magistrate acted correctly in imposing consecutive sentences. I will not disturb ,(missisng words)
Consequently the appeal against conviction and sentence is dismissed.
July 3, 1987
TORGBOR
JUDGE