[2014] KEHC 2790 (KLR)
The court found that the sentence of five years imprisonment imposed on the appellant for the offence of stock theft was neither harsh nor excessive, considering that the maximum sentence provided by law is fourteen years and the stolen cattle were recovered at the appellant's homestead. The court held that the...
Source-derived case information.
- Citation
- [2014] KEHC 2790 (KLR)
- Parties
- Appellant: Rashid Mwandalau; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 180 of 2012
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed
- Judges
- GO Shikwe
- Legal Topics
- Stock Theft, Sentencing Principles, Appeal on Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Rashid Mwandalau
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence of five years imprisonment for stock theft was harsh or excessive in the circumstances.
Ratio Decidendi
The court found that the sentence of five years imprisonment imposed on the appellant for the offence of stock theft was neither harsh nor excessive, considering that the maximum sentence provided by law is fourteen years and the stolen cattle were recovered at the appellant's homestead. The court held that the sentence was proportionate to the offence and circumstances, and therefore there was no basis for interference with the sentence by the appellate court.
Court Disposition
appeal dismissed
Orders
- The appeal against sentence is dismissed.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
CRIMINAL APPEAL NO. 180 OF 2012
RASHID MWANDALU .......................................................….. APPELLANT
VERSUS
REPUBLIC ……….……....................................................…RESPONDENT
(From original Conviction and Sentence in Criminal Case No. 347 of 2011 of the Principal Magistrate's Court at Voi – Hon. Nyakundi- SRM)
JUDGMENT
RASHID MWANDALU hereinafter referred to as the Appellant was Convicted and Sentenced to five (5) years imprisonment for the offence of stealing stock contrary to section 278 of the Penal Code.
The particulars being that:-
“On the 2nd day of November, 2009 at Gora Village Samburu -Kwale County, jointly with others not before the Court he stole four (4) heads of cattle of the value of Ksh. 140,000/= the property of SALIM CHINYAWA KAZUNGU”.
The Appellant initially had filed six (6) grounds of appeal but he abandoned his appeal on Conviction and decided to proceed with that of severity of Sentence.
The appellant was Convicted for the offence of stealing stock contrary to section 278 of the Penal Code which provides for an imprisonment term not exceeding fourteen (14) years. He was Sentenced to five (5) years imprisonment.
The stolen heads of cattle (4 bulls) were recovered in his homestead. They were clearly identified by the complainant as his heads of cattle.
In the circumstances of this case I do not think that the Sentence of five (5) years imprisonment was harsh neither is it excessive as the maximum provided for is fourteen (14) years.
This appeal has no merit and its disallowed.
Judgment delivered dated and signed this 30thday of September, 2014.
….................
M. MUYA
JUDGE
30TH SEPTEMBER, 2014
In the presence of:-
Learned Counsel for the State Mr. Jami
The appellant in person
Court clerk Musundi