[1987] KEHC 73 (KLR)
The court found that the evidence on record, including the testimony of witnesses who saw the appellant transport and deliver the stolen doors, established the appellant's participation in the offence of stealing. The court was satisfied that the conviction was proper. However, considering that the doors were...
Source-derived case information.
- Citation
- [1987] KEHC 73 (KLR)
- Parties
- Appellant: Mwanga; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 167 of 1987
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- conviction upheld, sentence reduced
- Judges
- ENA Torgbor
- Legal Topics
- Theft, Sentencing, Evidence Evaluation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mwanga
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the appellant was properly convicted of stealing two doors and three padlocks.
- 2 Whether the appellant was denied an opportunity to question prosecution witnesses.
- 3 Whether the sentence imposed was appropriate given the circumstances.
Ratio Decidendi
The court found that the evidence on record, including the testimony of witnesses who saw the appellant transport and deliver the stolen doors, established the appellant's participation in the offence of stealing. The court was satisfied that the conviction was proper. However, considering that the doors were recovered and the appellant was a first offender, the original sentence of two years imprisonment was deemed excessive. The court therefore set aside the initial sentence and substituted it with a term of imprisonment for 12 months from the date of the first sentence.
Court Disposition
conviction upheld, sentence reduced
Orders
- The conviction is upheld.
- The sentence of two years imprisonment is set aside and replaced by a term of imprisonment for 12 months from the date of first sentence.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
MACHAKOS
CRIMINAL APPEAL NO 167 OF 1987
MWANGA …………………….PLAINTIFF
VERSUS
REPUBLIC…………….……DEFENDANT
JUDGMENT
September 7, 1987 Torgbor J delivered the following Judgment. Appellant was convicted for stealing and sentenced to 2 years imprisonment for stealing two doors and three padlocks. In this appeal he complains that his case was not investigated and was given no opportunity to question the prosecution witnesses and in effect he denies the charge against him. I have considered the evidence on the record and I am satisfied that the appellant was properly convicted.
Appellant hired PW 3 a Matatu operator who transported the stolen doors to the house of PW 4 who also saw the vehicle arrive. The appellant had contracted to make doors for PW 4 but had failed to do so though he had been paid in advance PW 4 had reported to the assistant chief. It appears that shortly after the report was received the appellant had tried to remedy the situation. Unfortunately the doors he delivered to PW 4 were old ones and were positively identified by the complainant as his. The padlocks were not recovered. PW 5, son of PW 4 paid PW 3 the transporters of he doors and saw the appellant being driven away after the delivery.
On this evidence the participation in the offence by the appellant is in my view established and I find the conviction proper and it is unheld. The sentence appears severe however as the doors were recovered and the appellant was first offender. The said sentence is therefore set aside and replaced by a term of imprisonment for 12 months from the date of first sentence.
Order accordingly.
September 7, 1987
TORGBOR
JUDGE