[2018] KEHC 5207 (KLR)
The court found that the sentence imposed on the appellant was lawful and appropriate, considering the seriousness of the offence, the appellant's status as a repeat offender, and the fact that the trial court had already credited the time spent in remand. There was no error in principle or manifest excessiveness in...
Source-derived case information.
- Citation
- [2018] KEHC 5207 (KLR)
- Parties
- Appellant: Nicholas Maina Muthoni; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 82 of 2017
- Procedural Posture
- Criminal Appeal / Judgment on Appeal Against Sentence
- Outcome
- appeal dismissed
- Judges
- DW Mbuteti
- Legal Topics
- Sentencing Principles, Repeat Offender, Burglary, Theft, Remand Period Credit
- 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
Nicholas Maina Muthoni
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Legal Issues
- 1 Whether the sentence imposed on the appellant was lawful and appropriate given the circumstances.
- 2 Whether the time spent in remand was properly considered in sentencing.
- 3 Whether the appellant's previous conviction justified the sentence imposed.
Ratio Decidendi
The court found that the sentence imposed on the appellant was lawful and appropriate, considering the seriousness of the offence, the appellant's status as a repeat offender, and the fact that the trial court had already credited the time spent in remand. There was no error in principle or manifest excessiveness in the sentence. Therefore, there was no basis for the appellate court to interfere with the sentence imposed by the trial court.
Court Disposition
appeal dismissed
Orders
- The appeal against sentence is dismissed.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYAAT NANYUKI
CRIMINAL APPEAL NO. 82 OF 2017
NICHOLAS MAINA MUTHONI......................................APPELLANT
VERSUS
REPUBLIC.......................................................................RESPONDENT
(Appeal from original Sentence dated 07/07/2017 in Nanyuki CM Criminal Case No 1211 of 2015 – E Ngigi, SRM)
J U D G M E N T
1. The Appellant NICHOLAS MAINA MUTHONI was convicted after trial of breaking into a building and committing therein the felony of stealingcontrary to section 306 (a) of the Penal Code. It was alleged in the particulars of the offence that in the night of 25th and 26th October 2015 at Timau Township in Meru County, jointly with another person not before the court, he broke and entered the shop of one LYDIA WAIRIMU with intent to steal, and that he did steal from therein various items of clothing, shoes, etc, all valued at KShs 50,000/00, the property of the said complainant.
2. On 07/07/2017 the Appellant was sentenced to serve five (5) years and three (3) months imprisonment. He has appealed against the sentence only.
3. The Appellant was nota first offender. He had at least one previous relevant conviction of theft. The time he had spent in remand pending his trial (one year and nine months) was taken into account when sentencing him.
4. The sentence he received was lawful and richly deserved, and there is no reason at all for this court to interfere with it. The appeal against sentence has no merit and is hereby dismissed. It is so ordered.
DATED AND SIGNED AT NANYUKI THIS 24TH DAY OF JULY 2018
H P G WAWERU
JUDGE
DELIVERED AT NANYUKI THIS 26TH DAY OF JULY 2018