[2013] KEHC 3979 (KLR)
The court found that the trial magistrate erred in imposing the maximum sentence of seven years imprisonment on a first offender who pleaded guilty and where all stolen items were recovered. The absence of aggravating circumstances and the recovery of property warranted a more lenient sentence. The High Court held...
Source-derived case information.
- Citation
- [2013] KEHC 3979 (KLR)
- Parties
- Appellant: Nickson Kalume; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 341 of 2010
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal_partially_allowed
- Judges
- GO Shikwe
- Legal Topics
- Housebreaking, Sentencing Principles, Plea of Guilty, Theft, First Offender, Concurrent Sentences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nickson Kalume
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence of seven years imprisonment imposed on the appellant was harsh and excessive in the circumstances.
- 2 Whether the trial court properly exercised its discretion in sentencing a first offender who pleaded guilty and where all stolen items were recovered.
Ratio Decidendi
The court found that the trial magistrate erred in imposing the maximum sentence of seven years imprisonment on a first offender who pleaded guilty and where all stolen items were recovered. The absence of aggravating circumstances and the recovery of property warranted a more lenient sentence. The High Court held that the sentence was harsh and excessive, and reduced the imprisonment term to three years on the first limb, with the two-year sentence on the second limb to remain, both to run concurrently. The appeal was allowed to the extent of the sentence reduction.
Court Disposition
appeal_partially_allowed
Orders
- The sentence of seven years imprisonment is set aside and substituted with three years imprisonment on the first limb.
- The two-year sentence on the second limb is to remain.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
High Court at Mombasa
Criminal Appeal 341 of 2010 [if gte mso 9]><xml>
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(From Original Conviction and Sentence in Criminal Case No. 187 of 2010 of the Principal Magistrate’s Court at Voi – Nyakundi L.M (RM))
NICKSON KALUME ……………………..…………….…. APPELLANT
- Versus -
REPUBLIC …………………………………………….… RESPONDENT
JUDGMENT
The Appellant was sentenced to seven years imprisonment for the offence of housebreaking contrary to Section 304(1) and stealing contrary to Section 279(b) of the Penal Code.
The particulars are that on the 2nd day of March 2010 at Sasire Village Mbololo Location in Voi District the accused broke and entered the dwelling house of JOSEPH MUIGAI with intent to steal from therein and did steal a mattress, one stool, a jerrican, two buckets, two mosquito nets, two T-shirts the property of the said JOSEPH MUIGAI. The said items being of the value of Kshs. 2,000/-.
The Appellant pleaded guilty to the charge. All the stolen items were recovered. He was treated as a first offender. The value of the items stolen was Kshs. 2,000/-. He had been sentenced to the maximum term of seven years. No good reason was placed before the trial Court so as to mete out the maximum imprisonment term. I find seven years imprisonment to be harsh and excessive. I accordingly reduce them to three years imprisonment on the first limb, the two year sentence on the 2nd limb to remain but the sentences to run concurrently.
To that extent only does the appeal succeed.
Judgement read and delivered in open Court this 11th day of April, 2013.
M. MUYA
JUDGE
In the presence of:-
Mr. Gioche for State
Accused - present
Court clerk – Mr. Philip