[2005] KEHC 133 (KLR)
The court held that since the sentence of 4 years imprisonment was well within the statutory maximum of 14 years prescribed by Section 279(b) of the Penal Code, and there was no evidence of illegality or manifest excessiveness, there was no basis for the appellate court to interfere with the sentence imposed by the...
Source-derived case information.
- Citation
- [2005] KEHC 133 (KLR)
- Parties
- Appellant: Peter Njicha; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Malindi
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 61 of 2004
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Sentencing, Stealing, Penal Code Section 279b, Appeal Against Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Peter Njicha
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence of 4 years imprisonment for the offence of stealing under Section 279(b) of the Penal Code was excessive or illegal.
Ratio Decidendi
The court held that since the sentence of 4 years imprisonment was well within the statutory maximum of 14 years prescribed by Section 279(b) of the Penal Code, and there was no evidence of illegality or manifest excessiveness, there was no basis for the appellate court to interfere with the sentence imposed by the trial court. The appeal was therefore dismissed and the sentence upheld.
Court Disposition
appeal dismissed
Orders
- The appeal is dismissed.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MALINDI
Criminal Appeal 61 of 2004
(FROM ORIGINAL CONVICTION KILIFI CR.CASE NO. 497 OF 2004 BEFORE C.O.OBULUTSA SRM)
PETER NJICHA………………………………...........................……………APPELLANT
VERSUS
REPUBLIC………………………….........................……………………..RESPONDENT
JUDGMENT
The appellant who was charged jointly with another in the lower with the offence of stealing contrary to Section 279(b) of the Penal Code pleaded guilty and was sentenced to serve 4 years imprisonment.
It is this sentence that he has appealed against. For this court to interfere with that sentence, it has to be shown that the sentence was excessive and/or illegal.
The learned counsel for the respondent submitted that although the stolen item worth Kshs. 10,000/= was never recovered, a sentence of 4 years was rather high.
I have considered the appeal and the above submissions.
An offender under Section 279 (b) is liable to imprisonment for a term of 14 years if found or having pleaded guilty, a four (4) year sentence in the circumstances is not, in my opinion, excessive. It was certainly within the limits provided by the law. I find no basis to interfere with the sentence.
The appeal is dismissed.
Dated and delivered at Malindi this 8th day of November, 2005.
W.OUKO
JUDGE
8th November, 2005
Coram
W. Ouko
Judge
Mr.Ogoti for state appellant – present
CC: Gladys
Judgment delivered.
W.OUKO
JUDGE