[2011] KEHC 31 (KLR)
The court held that the applicant, having pleaded guilty to stealing by servant and admitted to failing to account for Kshs. 204,665/= over four months, was properly sentenced to three and a half years imprisonment, which is below the statutory maximum of seven years. The breach of trust and the absence of any...
Source-derived case information.
- Citation
- [2011] KEHC 31 (KLR)
- Parties
- Respondent: Republic; Applicant: Patrick Chege Gakakhu
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 613 of 2011
- Procedural Posture
- Criminal Review Application / Ruling on Sentence Review
- Outcome
- application dismissed
- Judges
- A Mbogholi-Msagha
- Legal Topics
- Stealing by Servant, Sentencing Principles, Review of Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Patrick Chege Gakakhu
Applicant
Procedural Posture
Criminal Review Application / Ruling on Sentence Review
Legal Issues
- 1 Whether the sentence of three and a half years imprisonment for stealing by servant was excessive or warranted interference by the reviewing court.
Ratio Decidendi
The court held that the applicant, having pleaded guilty to stealing by servant and admitted to failing to account for Kshs. 204,665/= over four months, was properly sentenced to three and a half years imprisonment, which is below the statutory maximum of seven years. The breach of trust and the absence of any recovery of the stolen funds justified the sentence. The court found no legal or factual basis to interfere with the sentence imposed by the trial magistrate, as it was both legal and merited in the circumstances.
Court Disposition
application dismissed
Orders
- The application for review, alteration, or reversal of sentence is dismissed.
Full Case Text
Judgment text and source record
10 paragraphs
REPUBLIC ……………………………………………………PROSECUTOR
VERSUS
PATRICK CHEGE GAKAKHU …………........……………………..ACCUSED
RULING
The applicant pleaded guilty to the offence of stealing by servant contrary to Section 281 of the Penal Code. On conviction he was sentenced to three and half years imprisonment. He did not file an appeal but elected to file this application seeking a review, alteration and or reversal of the sentence imposed by the learned trial magistrate.
The offence with which the applicant was charged was serious in that, he was placed in a position of trust which he breached. For a period of four months he did not account for Kshs. 204,665/= being proceeds received by him as the salesman of his employer. I note that not a single cent of this money was recovered. The facts which he admitted show that he was asked about this money but did not give a satisfactory account of the same. I would have believed his mitigation had he given that information to his employer. As rightly observed by the learned trial magistrate this offence attracts a sentence of seven years imprisonment. The sentence of three and half years imprisonment imposed upon the applicant in my view was legal and merited in the circumstances of this case.
I find no reason whatsoever to interfere with the same. Accordingly this application is hereby dismissed.
Dated, signed and delivered at Nairobi this 26th day of June , 2011.
A.MBOGHOLI MSAGHA
JUDGE