[2018] KEHC 368 (KLR)
The trial magistrate erred in law by imposing a single sentence for a composite charge of house breaking and stealing, instead of separate sentences for each limb as required by law. The High Court set aside the original sentence and substituted it with two years imprisonment for each limb, to run concurrently,...
Source-derived case information.
- Citation
- [2018] KEHC 368 (KLR)
- Parties
- Applicant: Republic; Respondent: Jared Moturi Mangate; Respondent: Mathew Mongare
- Court
- High Court
- Court Station
- High Court at Narok
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 133 of 2018
- Procedural Posture
- Criminal Revision / Order in Revision
- Outcome
- sentence set aside and substituted
- Legal Topics
- Sentencing Principles, Composite Offences, House Breaking, Stealing, Plea of Guilty
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Jared Moturi Mangate
Respondent
Mathew Mongare
Respondent
Procedural Posture
Criminal Revision / Order in Revision
Legal Issues
- 1 Whether the trial magistrate erred in law by imposing a single sentence for a composite charge of house breaking and stealing.
- 2 Whether the recovery of stolen property should have been considered in sentencing.
Ratio Decidendi
The trial magistrate erred in law by imposing a single sentence for a composite charge of house breaking and stealing, instead of separate sentences for each limb as required by law. The High Court set aside the original sentence and substituted it with two years imprisonment for each limb, to run concurrently, taking into account the recovery of the stolen property valued at KES 23,000, which had not been considered by the trial court. The revision ensures compliance with statutory sentencing requirements and proper consideration of mitigating factors.
Court Disposition
sentence set aside and substituted
Orders
- The sentence of four years imprisonment imposed by the trial magistrate is set aside.
- A sentence of two years imprisonment is imposed on each limb of the composite charge.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAROK
CRIMINAL REVISION NO. 133 OF 2018
REPUBLIC......................................................APPLICANT
VERSUS
JARED MOTURI MANGATE...........1ST RESPONDENT
MATHEW MONGARE......................2ND RESPONDENT
(From the original conviction and sentence in Criminal Case No. 90 of 2018 of the chief magistrate’s court at Narok, R. v. Jared Moturi Mangate and Mathew Mongare).
ORDER IN REVISION
1. The above matter has been reported for orders in revision by Hon. W. Juma, in the chief magistrate pursuant to section 363 of the Criminal Procedure Code (Cap. 75) Laws of Kenya. She has pointed out that the 2nd respondent (Mathew Mongare) was convicted on his own plea of guilty to the offence of house breaking contrary to section 304 (1)(b) and stealing contrary to section 279 (b), both of the Penal Code (Cap 63) Laws of Kenya, which is a composite charge.
2. In convicting the appellant, the learned senior resident magistrate (Hon.Nganga) sentenced the 2nd respondent to a sentence of four years imprisonment. In doing so, the learned magistrate was wrong in law in failing to find that this was a composite charge, which required him to impose sentences in respect of each limb of that composite charge.
3. The offence of house breaking carries a maximum of seven (7) years imprisonment, while that of stealing carries a maximum sentence of fourteen (14) years. The sentence imposed by the learned senior magistrate is hereby set aside. In its place I hereby impose a sentence of two (2) years imprisonment on each limb of the composite charge. The sentences are hereby ordered to run concurrently, in view of the fact that the stolen properties valued at Sh.23,000/= were recovered. The aspect of recovery was not taken into account by the learned senior resident magistrate.
Order on revision dated this 7th day of December, 2018
J. M. Bwonwonga
Judge
7/12/2018