[2013] KEHC 1304 (KLR)
The court found that the appellant, convicted of stock theft involving a cow valued at Kshs. 9,000, had already served a period sufficient for punishment, especially since the animal was recovered and the appellant did not benefit from the theft. The court also considered the unfavourable home environment for...
Source-derived case information.
- Citation
- [2013] KEHC 1304 (KLR)
- Parties
- Respondent: Republic; Appellant: Philip Wafubwa
- Court
- High Court
- Court Station
- High Court at Bungoma
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 27 of 2013
- Procedural Posture
- Criminal Revision / Sentence Revision
- Outcome
- sentence revised downward
- Legal Topics
- Stock Theft, Sentencing Principles, Penal Code Section 278
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Philip Wafubwa
Appellant
Procedural Posture
Criminal Revision / Sentence Revision
Legal Issues
- 1 Whether the sentence imposed on the appellant for stock theft was excessive in the circumstances.
- 2 Whether the appellant's home environment is suitable for community rehabilitation.
Ratio Decidendi
The court found that the appellant, convicted of stock theft involving a cow valued at Kshs. 9,000, had already served a period sufficient for punishment, especially since the animal was recovered and the appellant did not benefit from the theft. The court also considered the unfavourable home environment for community rehabilitation and the appellant's ongoing carpentry course in prison. Balancing these factors, the court revised the sentence downward from five years to three years imprisonment, allowing the appellant time to complete his vocational training before release.
Court Disposition
sentence revised downward
Orders
- The sentence of five years imprisonment is revised to three years imprisonment.
- The appellant is allowed time to complete his carpentry course in prison.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT BUNGOMA
CRIMINAL REVISION CASE NO. 27 OF 2013
REPUBLIC ...................................RESPONDENT
VERSUS
PHILIP WAFUBWA …......................APPELLANT
ORDER
I have perused the CSO report which is not favourable as the home environment is not conducive for community rehabilitation.
The inmate was convicted on a charge of stock theft contrary to section 278 of the Penal Code being theft of one cow valued at Kshs. 9,000/=. He was sentenced to serve 5 years imprisonment on 1. 7.2011. I have taken into account the value of the animal, the animal was recovered from the appellant while trying to sell it. This means the appellant did not benefit from his mischief.
In my view, taking into account the value of the animal and the foregoing observation, the appellant has served a period sufficient for punishment. However, I will give him time to enable him complete his carpentry course he is currently undertaking in prison. I therefore revise the sentence downwards to 3 years.
ISSUED AT BUNGOMA THIS 18TH DAY OF OCTOBER 2013
A. OMOLLO
JUDGE.