[2014] KEHC 6706 (KLR)
The court found that the sentence of four years imprisonment imposed on the appellant for shop breaking and stealing was not harsh or excessive, given that the offence carries a maximum sentence of fourteen years and the appellant was not a first offender, having been previously convicted and sentenced for a similar...
Source-derived case information.
- Citation
- [2014] KEHC 6706 (KLR)
- Parties
- Appellant: Mwachiti Kaphilinzi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 112 of 2013
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed
- Judges
- GO Shikwe
- Legal Topics
- Sentencing Principles, Repeat Offender, Plea of Guilty
- 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
Mwachiti Kaphilinzi
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence of four years imprisonment for shop breaking and stealing was harsh and excessive in the circumstances.
- 2 Whether the appellant was properly treated as a repeat offender.
Ratio Decidendi
The court found that the sentence of four years imprisonment imposed on the appellant for shop breaking and stealing was not harsh or excessive, given that the offence carries a maximum sentence of fourteen years and the appellant was not a first offender, having been previously convicted and sentenced for a similar offence. The court emphasized that the trial magistrate exercised proper discretion in sentencing, and there was no basis for appellate interference. The appeal was therefore dismissed for lack of merit.
Court Disposition
appeal dismissed
Orders
- The appeal against sentence is dismissed.
- The sentence of four years imprisonment is upheld.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
CRIMINAL APPEAL NO. 112 OF 2013
MWACHITI KAPHILINZI .......................................................….. APPELLANT
VERSUS
REPUBLIC ……….……........................................................…RESPONDENT
(From original Conviction and Sentence in Criminal Case No. 618 of 2013 of the Principal Magistrate's Court at Kwale – Hon. Aminga - SRM)
JUDGMENT
MWACHITI KAPHILINZI hereinafter referred to as the Appellant was Convicted and Sentenced to four (4) years imprisonment for the offence of shop breaking contrary to section 304 (1) (b) and stealing contrary to section 279 (B) of the Penal Code.
The particulars were that:-
“On 29th day of May, 2013 at unknown time at Kinango township – Kwale County with others not before the Court broke and entered a building used as a shop of SAID KAJAMBO and stole one Desk top, one digital camera, credit cards, memory cards, Ksh. 185 all of the value of Ksh. 344,085/= the property of SAID KAJAMBO”.
The appellant pleaded guilty to the charge and was Convicted on his own plea. His appeal is on Sentence only.
It is noted that the Appellant was not treated as a first offender as he had been Convicted in Criminal Case No. 619 of 2013 and Sentenced to eighteen (18) months imprisonment for a similar offence.
The offence in which he was Convicted carries a maximum Sentence of fourteen (14) years imprisonment. The Sentence of four (4) years imprisonment meted out on him cannot be said to be harsh and excessive in the circumstances of this case. This appeal has no merit and its disallowed.
Judgment delivered dated and signed in open Court this 5thday of March, 2014.
…..............
M. MUYA
JUDGE
5TH MARCH, 2014
In the presence of:-
Learned State Counsel Miss Mutua
The appellant in person present
Court clerk Musundi