[2004] KEHC 1790 (KLR)
The court found that the evidence against the appellant was straightforward and credible. The appellant was seen driving the stolen bull and was found in possession of it the day after it was stolen. The chain of events, including the sale and recovery of the bull, directly implicated the appellant. The conviction...
Source-derived case information.
- Citation
- [2004] KEHC 1790 (KLR)
- Parties
- Appellant: Paul Makori Wako; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- ? 50 of 2004
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- conviction upheld, sentence reduced
- Legal Topics
- Stealing Stock, Sentencing Principles, First Offender, Recovery of Stolen Property
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Paul Makori Wako
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the appellant was properly identified as the person who stole the complainant's bull.
- 2 Whether the conviction for stealing stock was supported by the evidence.
- 3 Whether the sentence of four years' imprisonment was excessive in the circumstances.
Ratio Decidendi
The court found that the evidence against the appellant was straightforward and credible. The appellant was seen driving the stolen bull and was found in possession of it the day after it was stolen. The chain of events, including the sale and recovery of the bull, directly implicated the appellant. The conviction was therefore upheld. However, the court held that the sentence of four years' imprisonment was excessive given that the appellant was a first offender, had pleaded for leniency, and the bull was recovered. The sentence was reduced to one year imprisonment to reflect these mitigating circumstances.
Court Disposition
conviction upheld, sentence reduced
Orders
- The conviction for stealing stock is upheld.
- The sentence of four years' imprisonment is set aside and substituted with one year imprisonment.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISIICRIMINAL APPEAL NO.50 OF 2004
(From original conviction and sentence of the Chief Magistrate’s Court at Kisii
in Criminal Case No.730 of 2003 –L. KOMINGOI ESQ., R.M)
PAUL MAKORI WAKO……………………………………………APPELLANT
VERSUS
REPUBLIC ……………………………………………………… RESPONDENT.
JUDGMENT Appellant PAUL MAKORI WAKA was tried and convicted by SRM Kisii for the offence of stealing stock contrary to s.278 of the Penal Code. He was jailed for four (4) years. He now appeals against the conviction and sentence.
The complainant had told the trial magistrate that her bull had gone missing from the grazing field in the afternoon of 2nd April 2002. She received an alarm and villagers started looking for it.
PW2 who trades in livestock met the appellant on 3rd April 2002 near Miriri Market. Appellant who was known to him had a brown bull he was selling. PW2 bought it for shs.6000/-. He later sold it for shs.6600/=. On the following day those looking for the bull went to his home. He told them where he had sold the bull. He took them there and it was recovered. He led them to appellants home. He was arrested.
I find the evidence in the lower court was straightforward and proper. First the appellant had been seen by PW5 Samwel Ombui Oigara on 2nd April at 4. 30 p.m. driving the bull towards Nyaboterere. The bull was red. PW2 explained how the appellant sold the bull to him and then disappeared before he could produce his identity card.
There was no doubt that appellant was the one who stole the bull. It was stolen on 2nd April and he was found with it barely a day later on+ 3rd April 2004. I find he was properly convicted and I uphold the conviction.
As for sentence I find it was excessive. Appellant was a first offender. He pleaded for leniency. The bull was recovered. Jail term for four years was therefore harsh. I set aside the sentence of four years and substitute it with one of one (1) year imprisonment.
It is so ordered. KABURU BAUNI JUDGE. 28/7/04 Dated and delivered on 28th July 2004. KABURU BAUNI JUDGE. 28/7/04