[2008] KEHC 2112 (KLR)
The court found that although the sentences imposed by the lower court were within the statutory maximums, they were harsh and excessive given that the appellant was a first offender. The court exercised its discretion to interfere with the sentence, setting aside the original sentences and substituting them with a...
Source-derived case information.
- Citation
- [2008] KEHC 2112 (KLR)
- Parties
- Appellant: Philip Muthui Wambere; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 380 of 2007
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- sentence varied
- Judges
- MM Kasango
- Legal Topics
- Sentencing Principles, Store Breaking, Stealing, First Offender, Penal Code Interpretation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Philip Muthui Wambere
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence imposed by the lower court was harsh and excessive in the circumstances.
- 2 Whether the appellant, as a first offender, was entitled to a more lenient sentence.
Ratio Decidendi
The court found that although the sentences imposed by the lower court were within the statutory maximums, they were harsh and excessive given that the appellant was a first offender. The court exercised its discretion to interfere with the sentence, setting aside the original sentences and substituting them with a sentence of one and a half years imprisonment on each limb, to run concurrently from the date of the original sentence. The court emphasized the importance of proportionality and consideration of mitigating factors such as first offender status in sentencing.
Court Disposition
sentence varied
Orders
- The sentence of the lower court passed on 22nd November 2007 is set aside.
- The appellant is sentenced to one and a half years imprisonment on each limb, sentences to run concurrently from 22nd November 2007.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NYERI
Criminal Appeal 380 of 2007
PHILIP MUTHUI WAMBERE ………...….………. APPELLANT
Versus
REPUBLIC ………………………………………. RESPONDENT
(Being an appeal from the Judgment of V. W. NDURURU – Ag Senior Resident Magistrate in the Senior Resident Magistrate’s Criminal Case No. 325 of 2007 at Mukurweini)
JUDGMENT
The appellant was charged before the lower court with store breaking and stealing contrary to Section 306(a)and Section 279(g) of the Penal Code. After trial the appellant was convicted as charged. The judgment of the court passed on 22nd November 2007 was that the appellant was to serve 5 years imprisonment in respect of the first limb and seven years imprisonment in respect of the second limb. The appellant filed this appeal against conviction and sentence. At the hearing of this appeal the appellant abandoned his grounds on appeal against conviction and proceeded with his appeal against sentence. The appeal against sentence was not opposed by the state. The sentence under Section 306 the maximum period is 7 years. Under Section 279 the maximum period is 14 years. The appellant was a first offender and in my view the sentence meted out to him was harsh and excessive in the circumstances. I do therefore hereby set aside the sentence of the lower court passed on 22nd November 2007 and instead I do hereby substitute the same and sentence the appellant to one and half years imprisonment on each limb and that sentence is to run concurrently from 22nd
November 2007.
DATED AND DELIVERED THIS 30TH DAY OF JULY 2008
MARY KASANGO
JUDGE