[2024] KEHC 13129 (KLR)
The appellant was convicted and sentenced on a single count of breaking into a building and committing a felony. The trial magistrate did not sentence him on any alternative charge. The appellant's claim of multiple sentences was either a misunderstanding or a deliberate misrepresentation. The appellate court, after...
Source-derived case information.
- Citation
- [2024] KEHC 13129 (KLR)
- Parties
- Appellant: Dennis Onyango Okuto Alias Denoh; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Homa Bay
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal E027 of 2024
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed
- Judges
- KW Kiarie
- Legal Topics
- Breaking and Entering, Sentencing, Appeals, Burglary, Theft, Penal Code Interpretation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dennis Onyango Okuto Alias Denoh
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the appellant was properly convicted and sentenced for breaking into a building and committing a felony.
- 2 Whether the trial court imposed multiple sentences or erred in sentencing the appellant.
- 3 Whether the sentences should run concurrently.
Ratio Decidendi
The appellant was convicted and sentenced on a single count of breaking into a building and committing a felony. The trial magistrate did not sentence him on any alternative charge. The appellant's claim of multiple sentences was either a misunderstanding or a deliberate misrepresentation. The appellate court, after independently reviewing the evidence and the record, found no error in the conviction or sentence imposed by the trial court. The appeal lacked merit and was dismissed.
Court Disposition
appeal dismissed
Orders
- The appeal is dismissed.
Full Case Text
Judgment text and source record
23 paragraphs
Okuto alias Denoh v Republic (Criminal Appeal E027 of 2024) [2024] KEHC 13129 (KLR) (30 October 2024) (Judgment)
Neutral citation: [2024] KEHC 13129 (KLR)
Republic of Kenya
In the High Court at Homa Bay
Criminal Appeal E027 of 2024
KW Kiarie, J
October 30, 2024
Between
Dennis Onyango Okuto Alias Denoh
Appellant
and
Republic
Respondent
(From the original conviction and sentence in Criminal Case No. E099 of 2024 of the Principal Magistrate’s Court at Ndhiwa by Hon. B.W. Murangasia – Resident Magistrate)
Judgment
1. Dennis Onyango Okuto, alias Denoh, the appellant herein, was convicted of breaking into a building and committing a felony contrary to section 306 (a) of the Penal Code.
2. The particulars of the offence were that on the night of the 18th and 19th day of December 2023, at Ratanga Primary School, Central Kwabwai location, Ndhiwa Sub-county of Homa Bay County, jointly with others not before the court, broke into the staff room and stole two dozen of dustless chalk and thirty-six exercise books all valued at Kshs. 6960, the property of Ratanga Primary School.
3. The appellant was sentenced to five years’ imprisonment. He has appealed against the sentence. He was in person. He contended that he was sentenced to serve eight years for burglary, eight years for stealing, eight years for breaking and stealing, and five years for handing stolen property. He requested that the sentences run concurrently.
4. The state opposed the appeal, arguing that the conviction and sentence were proper.
5. This is the first appellate court. As expected, I analyzed and evaluated all the evidence before the lower court afresh, concluding while considering that I neither saw nor heard any of the witnesses. I will, therefore, be guided by the celebrated case of Okeno vs Republic [1972] E.A 32.
6. The appellant either misunderstood the sentence or deliberately misled the court. There was only one count in this file and an alternative charge. The trial magistrate did not make a finding on the alternative charge or sentence him.
7. The appeal is therefore dismissed.
DELIVERED AND SIGNED AT HOMA BAY ON THIS 30THDAY OF OCTOBER 2024KIARIE WAWERU KIARIEJUDGE