[2019] KEHC 8189 (KLR)
The court found that the appellant was not a first offender, having previous convictions for stealing by agent and other offences. The offences of arson and house breaking were committed in two separate homes, involving violence and theft. The trial magistrate was correct in imposing consecutive sentences for the...
Source-derived case information.
- Citation
- [2019] KEHC 8189 (KLR)
- Parties
- Appellant: Philip Tarus; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 64 of 2016
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed
- Judges
- DAS Majanja
- Legal Topics
- Arson, House Breaking, Sentencing Review, Recidivism
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Philip Tarus
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence imposed on the appellant for arson and house breaking was harsh or excessive.
- 2 Whether the trial court erred in ordering the sentences to run consecutively.
Ratio Decidendi
The court found that the appellant was not a first offender, having previous convictions for stealing by agent and other offences. The offences of arson and house breaking were committed in two separate homes, involving violence and theft. The trial magistrate was correct in imposing consecutive sentences for the two distinct crimes. The sentences were neither harsh nor excessive given the appellant's violent conduct and criminal history. The appeal on sentence was therefore dismissed.
Court Disposition
appeal dismissed
Orders
- The appeal is dismissed.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT ELDORET
CORAM: D. S. MAJANJA J.
CRIMINAL APPEAL NO. 64 OF 2016
BETWEEN
PHILIP TARUS...............................................APPELLANT
AND
REPUBLIC...................................................RESPONDENT
(Being an appeal against the original conviction and sentence of Hon. H. M. Nyaberi, SPM dated 6th May 2016 at the Magistrates Court at Iten in Criminal Case No. 1187 of 2005)
JUDGMENT
1. At the hearing of this appeal, the appellant, PHILIP TARUS, abandoned the appeal on conviction and urged the court to review the sentence. He was convicted on one count of arson contrary to section 322 (a) of the Penal Code (Chapter 63 of the Laws of Kenya) whose particulars were that on 23rd August, 2015 at1700 hours at Sogom Village, Kabulwo Sub-Location, Keu Location, Elgeyo Marakwet County, he willfully and unlawfully set fire to a building valued at Kshs. 35,000/= belonging to Edna Kemboi. On the second count, he was charged with house breaking contrary to section 304 (1) (b) and stealing contrary to section 279 (b) of the Penal Code in that on the same day in the same time he broke and entered a building used as a dwelling house by Thomas Kosgei and stole 4kg of honey valued at Kshs.1200/= the property of the said Thomas Kosgei.
2. Upon conviction, he was sentenced on each count to three (3) years’ imprisonment with both sentences to run consecutively. At the sentencing, the appellant confirmed that he had been convicted in Eldoret Criminal Case No.74/2015 for stealing by agent and sentenced to 1-year probation on 17th July, 2015 and in Eldoret Eldoret Criminal Case No.1086/2015, he was sentenced for 3 years. It is clear therefore the appellant was not a first offender.
3. I have read the evidence and I find the appellant is a violent person. Before he stole from one house and burnt the other one, he inflicted violence on several persons hence I cannot say the sentences are harsh or excessive. Further, the sentences are in respect of two crimes committed in two separate homes and the trial magistrate was correct to impose consecutive sentences.
4. This appeal is dismissed.
DATED and DELIVERED at ELDORET this 25th day of APRIL 2019.
D.S. MAJANJA
JUDGE
Appellant in person.
Ms Mokua, Prosecution Counsel, instructed by the Director of Public Prosecutions for the respondent.