[2008] KEHC 1988 (KLR)
The court held that the sentence of five years' imprisonment was excessive given the appellant's status as a first offender, his plea of guilty, and the fact that all stolen items were recovered. The court exercised its discretion to interfere with the sentence, finding that a one-year term of imprisonment was...
Source-derived case information.
- Citation
- [2008] KEHC 1988 (KLR)
- Parties
- Appellant: Peter Odhiambo Otieno; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 29 of 2008
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- Appeal on sentence allowed; sentence reduced to one year imprisonment.
- Legal Topics
- Sentencing Principles, Plea of Guilty, First Offender, Recovery of Stolen Property
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Odhiambo Otieno
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence of five years' imprisonment imposed on a first offender who pleaded guilty was harsh and excessive.
- 2 Whether the recovery of all stolen items and the appellant's plea of guilty warranted a reduction of sentence.
Ratio Decidendi
The court held that the sentence of five years' imprisonment was excessive given the appellant's status as a first offender, his plea of guilty, and the fact that all stolen items were recovered. The court exercised its discretion to interfere with the sentence, finding that a one-year term of imprisonment was sufficient to meet the ends of justice in the circumstances.
Court Disposition
Appeal on sentence allowed; sentence reduced to one year imprisonment.
Orders
- The sentence of five years' imprisonment is set aside and substituted with a sentence of one year imprisonment.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA OF KISII
Criminal Appeal 29 of 2008
PETER ODHIAMBO OTIENO……………....…..…… APPELLANT
VERSUS
REPUBLIC …………………………………….…… RESPONDENT
(From original conviction and sentence in the Senior Resident Magistrate’s Court at Oyugis Criminal Case No.77 of 2008
by R. NGETICH – S.R.M)
JUDGEMENT
The appellant was convicted on his own plea of guilty on a charge of breaking into a building and committing a felony contrary to section 306(a) of the Penal Code. The particulars of the offence were that on the night of 25th and 26th February 2008 at Kanyipir Location in Rachuonyo district within Nyanza Province jointly with others broke and entered into a school building and stole there from 48 irons sheets, roofing nails and one pressure lamp all valued at Kshs.42, 200/=.
The aforesaid stolen items were recovered from the appellant and his accomplices. The appellant was sentenced to five years’ imprisonment. He was aggrieved by the said sentence and preferred an appeal to this court. He said that the same was harsh and excessive considering that he was a first offender.
Considering that the appellant was a first offender, that he pleaded guilty and that all the stolen items were recovered I allow the appeal on sentence and reduce the jail term to one year.
DATED, SIGNED and DELIVERED at KISIIthis28thday ofJuly, 2008.
D. MUSINGA
JUDGE
Delivered in open court in the presence of:
The appellant
Mr. Kemo, Senior Principal State Counsel for the Republic
D. MUSINGA
JUDGE.