[2024] KEHC 16 (KLR)
The court found that the consecutive sentences of three years each for the two limbs of the offence, totaling six years, were harsh and excessive given the appellant's guilty plea and the partial recovery of stolen items. The court exercised its discretion to reduce the default prison sentence to two years for each...
Source-derived case information.
- Citation
- [2024] KEHC 16 (KLR)
- Parties
- Appellant: Kennedy Mathina Mwikali; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Makueni
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal E094 of 2022
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal allowed in part; sentence reduced
- Judges
- GMA Dulu
- Legal Topics
- Breaking Into Building, Stealing, Sentencing Principles, Plea of Guilty, Handling Stolen Goods
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kennedy Mathina Mwikali
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the consecutive sentences imposed on the appellant were harsh and excessive.
- 2 Whether the appellant's guilty plea and recovery of stolen items warranted reduction of sentence.
Ratio Decidendi
The court found that the consecutive sentences of three years each for the two limbs of the offence, totaling six years, were harsh and excessive given the appellant's guilty plea and the partial recovery of stolen items. The court exercised its discretion to reduce the default prison sentence to two years for each limb, to run consecutively, resulting in a total of four years' imprisonment in default of payment of fines. The reduction was justified by the appellant's cooperation and the interests of justice.
Court Disposition
appeal allowed in part; sentence reduced
Orders
- The appellant is sentenced to a fine of Kshs. 100,000 in default 2 years imprisonment for the 1st limb of the offence.
- The appellant is sentenced to a fine of Kshs. 100,000 in default 2 years imprisonment for the 2nd limb of the offence, sentences to run consecutively.
Full Case Text
Judgment text and source record
24 paragraphs
Mwikali v Republic (Criminal Appeal E094 of 2022) [2024] KEHC 16 (KLR) (11 January 2024) (Judgment)
Neutral citation: [2024] KEHC 16 (KLR)
Republic of Kenya
In the High Court at Makueni
Criminal Appeal E094 of 2022
GMA Dulu, J
January 11, 2024
Between
Kennedy Mathina Mwikali
Appellant
and
Republic
Respondent
(From the conviction and sentence in Criminal Case No. E253 of 2022 delivered on 30th May 2022 at Makindu by Hon. J. D. Karani(RM))
Judgment
1. The appellant was charged with breaking into a building contrary to Section 306(a) and stealing contrary to Section 279(3) of the Penal Code.
2. The particulars of offence were that on 9th April 2022 at Machinery trading centre in Kibwezi Sub County within Makueni County jointly with others not before court broke and entered into the shop of Peter Musyoki and did steal 40 packets of green PK, 4 packets of blue PK, 35 packets of juicy fruits, 5 cartons of Gomba chewing gum, 2 jerricans of 20 litres of Salit cooking oil, 7 packets of Big G, 2 parcels of rooster cigaretes, 2 parcels and one packet of safari cigarettes, one parcel and 5 packets of sportsman, one robot radio, 20. 5kg of sugar and 5 cartons of rainbow milk (500ml) all valued at Kshs. 57,230/= the property of Peter Musyoki.
3. He was also charged with an alternative count of handling stolen goods contrary to Section 322(1)(2) of the Penal Code.
4. When he was brought to court, he was recorded as having pleaded guilty to the main count of breaking into a building and stealing, was convicted and sentenced to pay a fine of Kshs. 100,000/= in default 3 years imprisonment on the 1st limb of the offence and a fine of Kshs. 100,000/= and in default 3 years imprisonment for the 2nd limb of the offence, and sentences to run consecutively which is a total of 6 years.
5. The appellant has now come to this court on appeal against sentence and wants the sentence to be reduced.
6. The appeal was canvassed through written submissions, and I note that the Director of Public Prosecutions considers that the consecutive sentences are harsh and has conceded to reduction of sentence.
7. Having myself reconsidered the matter, the fact that the appellant pleaded guilty to the charge and did not waste court’s time, and that a number of the stolen items were recovered, I am of the view that the sentence was harsh and excessive. I will thus reduce the default prison sentence to 2 years imprisonment for each limb of the offence.
8. I thus order that the appellant be and is hereby sentenced to Kshs. 100,000/= in default 2 years imprisonment, for the 1st limb of the offence, and fine Kskhs. 100,000/= in default 2 years imprisonment for the 2nd limb of the offence to run consecutively which is a total of 4 years imprisonment from the date he was sentenced by the trial court.
DATED, SIGNED AND DELIVERED THIS 11TH DAY OF JANUARY 2024 VIRTUALLY AT VOI.GEORGE DULUJUDGEIn the presence of:-Ms. Nusura – Court AssistantAppellantMs. Omolo for State