[2008] KEHC 2992 (KLR)
The court found that the sentence of seven years imprisonment for a first-time offender who pleaded guilty and where the stolen stock was recovered was excessive. The judge held that the appellant had already served over one year in jail, which was sufficient punishment, and that the appellant appeared to have been...
Source-derived case information.
- Citation
- [2008] KEHC 2992 (KLR)
- Parties
- Appellant: Patrick Amoro Nyabuto; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 52 of 2007
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal allowed; sentence reduced to period served; appellant released unless otherwise lawfully held.
- Judges
- DK Musinga
- Legal Topics
- Sentencing Principles, Stock Theft, First Offender, Plea of Guilty
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Patrick Amoro Nyabuto
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence of seven years imprisonment for stock theft was harsh considering the appellant was a first offender and the stolen stock was recovered.
Ratio Decidendi
The court found that the sentence of seven years imprisonment for a first-time offender who pleaded guilty and where the stolen stock was recovered was excessive. The judge held that the appellant had already served over one year in jail, which was sufficient punishment, and that the appellant appeared to have been reformed. Therefore, the sentence was reduced to the period already served, and the appellant was ordered to be released unless otherwise lawfully held.
Court Disposition
appeal allowed; sentence reduced to period served; appellant released unless otherwise lawfully held.
Orders
- The appeal is allowed.
- The sentence is reduced to the period already served.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA OF KISII Criminal Appeal 52 of 2007
PATRICK AMORO NYABUTO ……......……………… APPELLANT
VERSUS
REPUBLIC ………………………………………..….. RESPONDENT
(From original conviction and sentence of the Senior ResidentMagistrate’s Court at Keroka, Criminal Case No.174 of 2007by Samwel Kahome, SRM)
JUDGMENT
The appellant was convicted on his own plea of guilty to a charge of Stealing Stock contrary to Section 278 of the Penal Code. He had stolen one cow and one calf. He was sentenced to seven years, imprisonment. He appealed against the sentences saying that the same was harsh.
Mr. Kemo, Principal State Counsel was of the same view, considering that the appellant was a first offender and the cow was recovered.
I agree that the sentence was rather harsh. The appellant has been in jail for more than one year and I believe he has been punished sufficiently. But more importantly, I believe that he has been reformed. Consequently, I allow the appeal and reduce the sentence to the period already served. The appellant is set at liberty unless otherwise lawfully held.
DATED, SIGNED and DELIVERED at KISII this 29th day of April, 2008.
D. MUSINGA
JUDGE.
Delivered in open court in the presence of:
Mr. Kemo, Principal State Counsel
N/A for appellant
D. MUSINGA
JUDGE