[2018] KEHC 3247 (KLR)
The court found that the trial court failed to adequately consider the appellant's guilty plea, status as a first offender, recovery of the stolen sheep, and personal circumstances such as family responsibilities and alleged ill health. These factors warranted consideration of a non-custodial sentence. The sentence...
Source-derived case information.
- Citation
- [2018] KEHC 3247 (KLR)
- Parties
- Appellant: Nahashon Kuria Mwangi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nyahururu
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 202 of 2017
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- Sentence of four years imprisonment quashed; pre-sentence report ordered to consider non-custodial sentence.
- Judges
- RPV Wendoh
- Legal Topics
- Sentencing Principles, Plea of Guilty, Mitigating Factors, Stock Theft
- 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
Nahashon Kuria Mwangi
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence of four years imprisonment for stock theft was harsh and excessive given the circumstances.
- 2 Whether the trial court considered all relevant mitigating factors before sentencing the appellant.
Ratio Decidendi
The court found that the trial court failed to adequately consider the appellant's guilty plea, status as a first offender, recovery of the stolen sheep, and personal circumstances such as family responsibilities and alleged ill health. These factors warranted consideration of a non-custodial sentence. The sentence of four years imprisonment was therefore quashed, and a pre-sentence report was ordered to determine the suitability of a non-custodial sentence.
Court Disposition
Sentence of four years imprisonment quashed; pre-sentence report ordered to consider non-custodial sentence.
Orders
- The sentence of four years imprisonment is quashed.
- A pre-sentence report shall be prepared by the Probation Officer for sentencing on 25/7/2018.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NYAHURURU
CRIMINAL APPEAL NO.202 OF 2017
(Appeal Originating from Nyahururu CM’s Court Cr.No.,1863 of 2017 by: Hon. S.N. Mwangi – S.R.M.)
NAHASHON KURIA MWANGI ......................... APPELLANT
V E R S U S
REPUBLIC ........................................................ RESPONDENT
J U D G M E N T
Nahashon Kuria Mwangi,the appellant herein pleaded guilty and was convicted on his own plea for the offence of stealing stock contrary to section 278 of the Penal Code.
The particulars of the charge were that on 28/10/2017 at Kariko Village in Ol Jororok Sub-County in Nyandarua County, stole one sheep valued at Kshs.8,000/= the property of Charles Ngatia Thumbi.
The appellant was sentenced to serve four years imprisonment. He is aggrieved by the sentence and has filed an appeal. The grounds upon which he filed the appeal are that, having pleaded guilty to the charge, the sentence was harsh and excessive; that the sheep was recovered; that he is a diabetic and requires regular medication; that he has young children who depend on him.
The appellant pleaded guilty to the offence and hence did not waste the court’s time. The court takes into account the fact that the appellant was said to be a first offender and that he had a family and is remorseful. He also claims to be a diabetic on regular medication but did not produce any evidence to that effect.
Taking all the above into consideration and the fact that the stolen sheep was recovered, the court should have considered a non custodial sentence first. The appellant was sentenced on 30/10/2017. So far, he has served 9 months imprisonment. I will therefore consider whether the appellant can benefit from non custodial sentence. For that reason, I quash the sentence of 4 years imprisonment and call for a pre-sentence report to be prepared by the Probation Officer for sentence on 25/7/2018 failing which the court will go ahead to sentence without the report.
Dated and Signed at NYAHURURU this 20thday of July, 2018.
………………………………..
R.P.V. Wendoh
JUDGE
Present:
Ms. Rugut - State Counsel
Soi - Court Assistant
Present- appellant