[2012] KEHC 5307 (KLR)
The court recognized that while the appellant pleaded guilty to the offence of stealing stock and was properly convicted, the issue of sentencing remains within the court's discretion. Given the appellant's advanced age and frail condition, the court found it necessary to consider whether the sentence imposed was...
Source-derived case information.
- Citation
- [2012] KEHC 5307 (KLR)
- Parties
- Appellant: Paul Owino; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 45 of 2011
- Procedural Posture
- Criminal Appeal / Interlocutory Judgment Pending Probation Report
- Outcome
- Probation report ordered before final determination of sentence.
- Judges
- HK Chemitei
- Legal Topics
- Stealing Stock, Sentencing Discretion, Plea of Guilty
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Paul Owino
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Interlocutory Judgment Pending Probation Report
Legal Issues
- 1 Whether the sentence imposed on the appellant, who pleaded guilty to stealing stock, was harsh considering his advanced age and frailty.
- 2 Whether the court should exercise discretion in sentencing given the appellant's circumstances.
Ratio Decidendi
The court recognized that while the appellant pleaded guilty to the offence of stealing stock and was properly convicted, the issue of sentencing remains within the court's discretion. Given the appellant's advanced age and frail condition, the court found it necessary to consider whether the sentence imposed was unduly harsh. The court determined that before making a final decision on the appropriateness of the sentence, it was essential to obtain a probation report to provide further insight into the appellant's circumstances and suitability for a non-custodial sentence. The court thus deferred its final determination pending receipt of the probation officer's report.
Court Disposition
Probation report ordered before final determination of sentence.
Orders
- A report from the probation office within the appellant's area to be filed before the court makes a final decision on sentencing.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLICOF KENYA
IN THE HIGH COURT OF KENYA
AT KISUMU
CRIMINAL APPEAL NO. 45 OF 2011
PAUL OWINO…………………………………………………………………………………….…APPELLANT
VERSUS
REPUBLIC…………………………………………………………………………….…………PROSECUTOR
J U D G M E N T
The appellant was on 24-9-2010 convicted and sentenced to 10 years imprisonment. The offence stealing stock contrary to section 278 of the penal code.
The particulars of the charge are that on 18-9-2010 at Kathieno ‘C’ sub location, North East Ugenya location in Ugenya district within Nyanza province stole one brown bull valued at Kshs. 9000/= the property of Peter Opondo Otieno.
When the matter came up for plea the appellant pleaded guilty. He has now filed this appeal citing two grounds namely:-
1. That I am aged 52 years and remorseful for the offence I committed.
2. That the imposed sentence is harsh considering my age.
When the appellant appeared in court he stuck to the above grounds save to add that he is actually 62 years old. He appeared obviously old and frail.
The state opposed the appeal citing section 348 of the Criminal Procedure Code chapter 75 Laws of Kenya. The learned state counsel conceded though that the issue of sentencing is discretionary and left it to the court.
I have evaluated the evidence on record and seen the appellant’s demeanor in court. I agree that he is old and generally frail. Consequently, and prior to arriving at the necessary conclusion it is imperative to receive a report from the probation office located within the appellant’s area.
Dated, signed and delivered at Kisumu this 30th day of January, 2012.
H.K. CHEMITEI
JUDGE
HCK/va