[1985] KEHC 51 (KLR)
The appellate court, upon independent assessment of the evidence, found that the appellant was properly convicted of stealing stock. The evidence showed that the two bulls went missing during the night and were sold by the appellant to PW2 the following day, with a receipt produced as proof. The trial magistrate...
Source-derived case information.
- Citation
- [1985] KEHC 51 (KLR)
- Parties
- Appellant: Mutune; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 973 of 1984
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Stock Theft, Evidence Assessment, Credibility of Witnesses
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mutune
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the appellant was properly convicted of stealing stock contrary to section 278 of the Penal Code.
- 2 Whether the evidence adduced was sufficient to support the conviction.
- 3 Whether the sentence imposed was lawful and appropriate.
Ratio Decidendi
The appellate court, upon independent assessment of the evidence, found that the appellant was properly convicted of stealing stock. The evidence showed that the two bulls went missing during the night and were sold by the appellant to PW2 the following day, with a receipt produced as proof. The trial magistrate correctly found PW2 to be a credible witness and not an accomplice. The sentence imposed was the minimum prescribed by law. There was no merit in the appeal, and the conviction and sentence were upheld.
Court Disposition
appeal dismissed
Orders
- The appeal is dismissed in its entirety.
Full Case Text
Judgment text and source record
15 paragraphs
Mutune v Republic
High Court, at Machakos (Appellate Side) April 2, 1985
O’Kubasu J
Criminal Appeal No 973 of 1984
(Appeal from the Resident Magistrate’s court at Yatta, R N Kamiro Esq, Criminal Case No 214 of 1984)
Advocates
Mr Nyagah for respondent
Appellant absent and not wishing to be present
April 2, 1985, O’Kubasu J delivered the following Judgment.
The appellant was convicted of stealing stock contrary to section 278 of the Penal Code (cap 63) and sentenced to seven (7) years imprisonment with six strokes of the cane.
There was evidence to the effect that the two bulls went missing during the night of April 26 and April 27, 1984. Then on April 28 the appellant sold this same two bulls to PW2.
The appellant in his unsworn statement denied having sold any bull to anybody. But PW2 produced a receipt showing the particulars of the appellant as the person who had sold the two bulls. This was the normal practice in that part of the country.
The learned trial magistrate considered whether PW2 was an accomplice and found that he was not. Again the learned trial magistrate went on to state why he found PW2 to be a credible witness.
Upon my own independent assessment of the evidence before the lower court I am satisfied that the appellant was guilty. In my view the appellant was convicted upon very clear evidence. He was properly convicted. The sentence imposed was the minimum prescribed by section 278 of the Penal Code.
I find no merit in this appeal. I order that this appeal be and is hereby dismissed in its entirety. Order accordingly.