[2013] KEHC 1826 (KLR)
The court found that the sentence of seven years imprisonment imposed on the appellant for the offences of burglary and stealing was within the statutory limits prescribed by the Penal Code. The appellant failed to demonstrate any legal or factual basis for the appellate court to interfere with the sentence. The...
Source-derived case information.
- Citation
- [2013] KEHC 1826 (KLR)
- Parties
- Appellant: Peter Njoroge Rumba; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 176 of 2010
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Sentencing Principles, Burglary, Stealing, Appeal on Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Njoroge Rumba
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence imposed on the appellant for burglary and stealing was lawful and warranted interference by the appellate court.
Ratio Decidendi
The court found that the sentence of seven years imprisonment imposed on the appellant for the offences of burglary and stealing was within the statutory limits prescribed by the Penal Code. The appellant failed to demonstrate any legal or factual basis for the appellate court to interfere with the sentence. The trial magistrate exercised discretion properly, and the sentence was neither excessive nor unlawful. Consequently, there was no justification for reduction or alteration of the sentence on appeal.
Court Disposition
appeal dismissed
Orders
- The appeal is dismissed.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT ELDORET
CRIMINAL APPEAL NO. 176 OF 2010
PETER NJOROGE RUMBA …................................................ APPELLANT
=VERSUS=
REPUBLIC …......................................................................... RESPONDENT
JUDGEMENT
The appellant, PETER NJOROGE RUMBA, was convicted for the offence of Burglary contrary to Section 304(2), and Stealing contrary to Section 279 (b) of the Penal Code
He was then sentenced to seven (7) years imprisonment. In his petition of Appeal, the appellant had sought to challenge both the conviction and sentence. However, when the appeal came up for hearing, the appellant made it clear that he was only interested in having the sentence reduced.
Ms. Ruto, learned state counsel, submitted that the sentence was lawful. The offence of stealing contrary to section 279(b) attracts a sentence of 14 years imprisonment. Meanwhile, the offence of Burglary contrary to section 304 (2) of the Penal Code attracts a sentence of 10 years imprisonment.
As the learned trial magistrate handed down a sentence of 7 years imprisonment, I find that that was well within the law.
The appellant has not demonstrated to this court that there was any basis for interfering with that sentence.
Accordingly, this appeal is dismissed.
DATED, SIGNED AND DELIVERED AT ELDORET,
THIS 23RD DAY OF OCTOBER, 2013.
FRED A. OCHIENG
JUDGE.