[2013] KEHC 2011 (KLR)
The High Court found that the trial court erred by only convicting and sentencing the applicant on one limb of the charge, despite the particulars supporting both burglary and stealing. The judge held that the applicant should have been sentenced for both burglary and stealing, but that the sentences should run...
Source-derived case information.
- Citation
- [2013] KEHC 2011 (KLR)
- Parties
- Applicant: Philemona A. Mukhaya; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Revision Case 14 of 2013
- Procedural Posture
- Criminal Revision / Ruling on Revision
- Outcome
- sentence reviewed and reduced
- Legal Topics
- Burglary, Stealing, Sentencing Review, Plea of Guilty
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Philemona A. Mukhaya
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Revision
Legal Issues
- 1 Whether the sentence imposed by the trial court was appropriate given the conviction on only one limb of the charge.
- 2 Whether the applicant should have been sentenced separately for burglary and stealing.
- 3 Whether the alternative charge of handling stolen goods required consideration.
Ratio Decidendi
The High Court found that the trial court erred by only convicting and sentencing the applicant on one limb of the charge, despite the particulars supporting both burglary and stealing. The judge held that the applicant should have been sentenced for both burglary and stealing, but that the sentences should run concurrently. The alternative charge of handling stolen goods was not relevant since the conviction on the main count was sufficient. The sentence was therefore reviewed and reduced to three months imprisonment for each count, to run concurrently, in recognition of the time already served and the nature of the offences.
Court Disposition
sentence reviewed and reduced
Orders
- The sentence of the trial court is reviewed to 3 months imprisonment for both limbs of the charge.
- The sentences for burglary and stealing shall run concurrently.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KAKAMEGA
REVISION NO. 14 OF 2013
(Revision arising from the decision of [S.N. MWANGI]
dated 13. 9.2013 in the Vihiga Senior Principal
Magistrate’s Court in Criminal Case No. 813 of 2013)
PHILEMONA A. MUKHAYA ………………….………………………………. APPLICANT
V E R S U S
REPUBLIC ……………………………………..………………………………… RESPONDENT
RULING ON REVISION
The applicant was charged with the offence of burglary contrary to section 304(1) and stealing contrary to section 279(b) of the Penal Code. The particulars of the offence were that the applicant and one Jackton Buluku on the night of 19th August 2013at Ebusiloli village in Vihiga District within the Western Province jointly broke and entered the dwelling house of ROMONA CALEB STIAMBARE with intent to steal therein and did steal from therein one turkey, seven hens the property of the said ROMONA CALEB STIAMBARE the said valued at KShs.10,200/=.
The applicant pleaded guilty and was sentenced to serve 2 year’s imprisonment without an option of a fine. The case against his co-accused proceeded but was later withdrawn by the complainant. The matter was brought for review as the trial court only convicted the applicant on the 1st limb of stealing of stealing but seems to have forgotten the 2nd limb. The charge shows that the item stolen was a turkey and 7 hens valued at KShs.10,200/=. The applicant was sentenced on the 21. 8.2013 and has been in prison since that time. I do hereby review the sentence to 3 months imprisonment for the count of burglary and 3 months imprisonment for the count of stealing. The alternative charge of handling stolen goods contrary to section 322(1) of the Penal Code was just an alternative and the conviction on the main count is sufficient. The sentence of the trial court is therefore reviewed to 3 months imprisonment for both limbs of the charge and the sentence shall run concurrently.
Delivered, dated and signed at Kakamega this 9th day of October 2013
SAID J. CHIEMBWE
J U D G E