[2015] KEHC 2762 (KLR)
The court found that the sentence of two years imprisonment imposed on the Applicant for the offences of breaking into a building and committing a felony was within the statutory maximum of seven years provided under section 306(b) of the Penal Code. Upon review of the lower court record, the court found no...
Source-derived case information.
- Citation
- [2015] KEHC 2762 (KLR)
- Parties
- Respondent: Republic; Applicant: Mwaniki Katiwa
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 28 of 2015
- Procedural Posture
- Criminal Revision / Ruling on Revision
- Outcome
- application dismissed
- Judges
- BT Jaden
- Legal Topics
- Breaking and Entering, Handling Stolen Goods, Sentencing Principles
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Mwaniki Katiwa
Applicant
Procedural Posture
Criminal Revision / Ruling on Revision
Legal Issues
- 1 Whether the sentence of two years imprisonment imposed on the Applicant was lawful and appropriate under section 306(a) of the Penal Code.
- 2 Whether there were any irregularities in the trial or sentencing process warranting revision.
Ratio Decidendi
The court found that the sentence of two years imprisonment imposed on the Applicant for the offences of breaking into a building and committing a felony was within the statutory maximum of seven years provided under section 306(b) of the Penal Code. Upon review of the lower court record, the court found no irregularities or improprieties in the trial or sentencing process. Consequently, the application for revision lacked merit as there was no basis for interference with the sentence. The court dismissed the application, affirming the lawfulness and appropriateness of the sentence imposed by the trial court.
Court Disposition
application dismissed
Orders
- The application for revision is dismissed.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MACHAKOS
CRIMINAL REVISION NO. 28 OF 2015
REPUBLIC
VERSUS
MWANIKI KATIWA ………………………..………..................…… APPLICANT
RULING ON REVISION
The Applicant, Mwaniki Katiwa has made an application under section 362 and 364 of the Criminal Procedure Code for the revision of the sentence of two (2) years herein.
The Applicant was charged with the offence of:-
Count I:- Breaking into a building and committing a felony contrary to section 306 (a) of the Penal Code.
The particulars of the offence were that “on the nights of 15th and 16th October, 2012 at unknown time, at Kitungati Market, Kitungati Location in Kitui County jointly (with others) broke and entered into a building namely Bar of Joseph Muthoka and stole from therein, 1 DVD machine make LG, 1 Senator Keg pump, 16 beers of Guinness, 1 Fiesta beer, 5 Tana Brandy spirits and 2 Kenya Cane Smooth Cane spirit all valued at Kshs.20,080/= the property of Joseph Muthoka.”
In the alternative the Applicant was charged with the offence of handing stolen goods contrary to section 322 (2) Sub-section 2 of the Penal Code.
The particulars of the offence being that “on the 16th day of October, 2012 at about 3. 45 a.m. at Kangwa Trading Centre, Kitungati Location in Kitui County otherwise than in the cause of stealing retained 1 DVD machine make LG, 1 Senator Keg pump, 15 beers of Guinness, 1 Fiesta beer, 5 Tana Brandy Spirits and 2 Kenya Cane Smooth Cane Spirit all valued at Kshs.19,960/= knowing or having reasons to believe them to be stolen goods the property of Joseph Muthoka.”
Count II:- Breaking into a building and committing a felony contrary to section 306 (a) of the Penal Code.
The particulars of the charge were that “on the nights of 15th and 16th October, 2012 at unknown time, at Kitungati Market, Kitungati Location in Kitui County jointly (with others) broke and entered into a building namely Kinyozi of Wambua Munyao and stole from therein, 1 DVD machine make Royal Tech, 6 mobile phones make Nokia 1200, 1202 and 4 Motorollas make C113and C115 all valued at Kshs.33,000/= the property of Wambua Munyao.”
In the alternative the Applicant was charged with the offence of handling stolen goods contrary to section 322 (2) Sub-section 2 of the Penal Code.
The particulars of the offence being that “on the 16th day of October, 2012, at about 2. 30 p.m., at Kangwa Trading Centre, Kitungati Location in Kitui County otherwise than in the cause of stealing retained 1 DVD machine make Royal Tech valued at Kshs.6,000/= the property of Wambua Munyao.”
After a full trial, the Applicant was convicted for the offences in the main counts and sentenced to serve two (2) years imprisonment.
I have perused the lower court record. I have found no irregularities. Section 306 (b) of the Penal Code provides for a sentence of up to seven (7) years imprisonment. The sentence is therefore within the law.
The application has no merits and is dismissed.
………………………………………
B. THURANIRA JADEN
JUDGE
Dated and delivered at Machakos this 24th day of March 2015.
………………………………………
B. THURANIRA JADEN
JUDGE