[2006] KEHC 1657 (KLR)
The court found that although the offence of theft from person attracts a maximum sentence of 14 years, the appellant was a first offender and had pleaded guilty, demonstrating remorse. The negative probation report did not outweigh these mitigating factors. The trial court's sentence of 4 years imprisonment was...
Source-derived case information.
- Citation
- [2006] KEHC 1657 (KLR)
- Parties
- Appellant: Ramadhan Hasim Waweru; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 159 of 2005
- Procedural Posture
- Criminal Appeal / Appeal Against Sentence Only
- Outcome
- appeal allowed in part; sentence reduced
- Judges
- CJ Kendagor
- Legal Topics
- Theft From Person, Sentencing Principles, Plea of Guilty, First Offender, Mitigation, Penal Code Section 279a
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ramadhan Hasim Waweru
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Appeal Against Sentence Only
Legal Issues
- 1 Whether the sentence of 4 years imprisonment for theft from person was harsh and excessive in the circumstances.
- 2 Whether the appellant's plea of guilty and status as a first offender warranted a reduction of sentence.
Ratio Decidendi
The court found that although the offence of theft from person attracts a maximum sentence of 14 years, the appellant was a first offender and had pleaded guilty, demonstrating remorse. The negative probation report did not outweigh these mitigating factors. The trial court's sentence of 4 years imprisonment was deemed harsh and excessive in the circumstances. The High Court therefore allowed the appeal on sentence, set aside the 4-year term, and substituted it with a sentence of 2 years imprisonment from the date of the original sentence.
Court Disposition
appeal allowed in part; sentence reduced
Orders
- The sentence of 4 years imprisonment is set aside.
- The appellant is sentenced to 2 years imprisonment from the date of the original sentence.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (NAIROBI LAW COURTS)
Criminal Appeal 159 of 2005
(From original conviction (s) and Sentence(s) in Criminal case No. 729 of 2005 of the Chief Magistrate’s Court at Kibera (Ms. Kasera – S..M.)
RAMADHAN HASIM WAWERU..…….…….............................................…………….…..APPELLANT
VERSUS
REPUBLIC……………………............................................………………………..…....RESPONDENT
J U D G M E N T
RAMADHAN HASIM WAWERUhas appealed against the sentence only having been convicted on his own plea of guilty for the offence of THEFT FROM PERSON contrary to Section 279(a) of the Penal Code. He was sentenced to 4 years imprisonment.
Mrs. Obuo for the State opposed the appeal against sentence. Learned counsel submitted that the offence called for a maximum sentence of 14 years imprisonment and that 4 years was legal. Counsel continued to submit that the sentence was passed after a CSO Report was considered by the trial court.
It is true that a CSO Report was called for which proved negative to a non-custodial sentence. The basis of the negative report was that the Appellant had lied about certain undisclosed issues to the probation officer and that he did not support his mother, his only parent, who was severely retarded mentally. The Appellant was however a first offender, had pleaded guilty to the charge showing remorse. The Appellant needed some benefit for these two positive points concerning him and in those circumstances I find the imprisonment of 4 years on the harsh and excessive side. I will allow his appeal by setting aside the sentence of 4 years imprisonment and in substitution thereof impose one for 2 years imprisonment from the date of the original sentence.
Dated at Nairobi this 26th day of July 2006.
…………………..
LESIIT, J.
JUDGE
Read, signed and delivered in the presence of;
Appellant
Mrs. Obuo for the State
CC: Huka
…………………….
LESIIT, J.
JUDGE