[2019] KEHC 4361 (KLR)
The court found that although the appellant was convicted on his own plea of guilty for stealing stock, the prosecution did not indicate whether he was a first offender. The appellant was 20 years old at the time and claimed to be a student, though the court doubted this assertion. Taking into account the...
Source-derived case information.
- Citation
- [2019] KEHC 4361 (KLR)
- Parties
- Appellant: Reuben Kinyengwak; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nyahururu
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 180 of 2017
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal_allowed_in_part
- Judges
- RPV Wendoh
- Legal Topics
- Stealing Stock, Sentencing Principles, Plea of Guilty
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Reuben Kinyengwak
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence of five years imprisonment for stealing stock was excessive in the circumstances.
- 2 Whether the appellant's plea of guilty and personal circumstances warranted a reduction of sentence.
Ratio Decidendi
The court found that although the appellant was convicted on his own plea of guilty for stealing stock, the prosecution did not indicate whether he was a first offender. The appellant was 20 years old at the time and claimed to be a student, though the court doubted this assertion. Taking into account the appellant's youth and the fact that he pleaded guilty, the court exercised its discretion to reduce the sentence. The appeal on conviction was abandoned, and the only issue was the appropriateness of the sentence. The court held that, in the circumstances, the sentence should be reduced to the period already served.
Court Disposition
appeal_allowed_in_part
Orders
- The sentence of five years imprisonment is set aside and substituted with a sentence of the period already served.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NYAHURURU
CRIMINAL APPEAL NO.180 OF 2017
(Appeal Originating from Nyahururu CM’s Court Cr.1272 of 2017 by: Hon. V. Ochanda– RM)
REUBEN KINYENGWAK....................APPELLANT
V E R S U S
REPUBLIC..........................................RESPONDENT
J U D G M E N T
Reuben Kinyengwak,the appellant, was convicted by Hon. Ochanda R.M. Nyahururu for the offence of stealing stock Contrary to Section 278 of the Penal Code.
The particulars of the charge are that on 24/7/2017 at African Location Area, in Laikipia County, stole 11 sheep and 5 goats all valued at Kshs.68,000/= the property of Jane Waithera Cheruiyot.
When the appellant appeared before the court for plea, he pleaded guilty to the offence, was convicted and sentenced to five (5) years imprisonment.
The appellant appealed against both conviction and sentence but at the hearing of the appeal, he abandoned the appeal on conviction.
He prays for leniency because he was a student at Rumuruti Day in Class 8 and wishes to continue with education and that the sentence be reduced.
Ms. Rugut, learned counsel for the State, opposed the appeal and urged that though the appellant pleaded guilty, he was not remorseful; that he was charged under Section 278 of the Penal Code and the maximum sentence upon conviction is 14 years, whereas he was handed only 5 years. Counsel urged the court not to interfere.
I have considered the appeal and the State Counsel’s submissions. The accused pleaded guilty to the charge of stealing stock Contrary to Section 278 of the Penal Code.
He did not waste the court’s time by taking the court through the rigorous process of a hearing. The prosecution did not state whether he was a first offender or not. By then, the accused was 20 years old. He never told the court that he was in school then. I doubt that he is in school. Having taken into account the above facts and the fact that the appellant is a young man, I hereby allow the appeal and reduce the sentence to the period already served.
It is so ordered.
Dated, Signed and Delivered at NYAHURURU this 18thday ofSeptember,2019.
R.P.V. Wendoh
JUDGE
PRESENT:
Ms. Rugut for State
Soi – Court Assistant
Appellant - present