[2018] KEHC 4272 (KLR)
The court found that the appellant had already served about one year of the two-year sentence for stealing sugar cane valued at Kshs. 237,038. Considering the period already served and the circumstances of the case, the court determined that the remaining sentence should be served under probation rather than...
Source-derived case information.
- Citation
- [2018] KEHC 4272 (KLR)
- Parties
- Appellant: Ronald Oboke Gori; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 3 of 2018
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- sentence varied; appellant to serve balance under probation
- Judges
- DAS Majanja
- Legal Topics
- Sentencing Principles, Stealing Offences, Penal Code Interpretation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ronald Oboke Gori
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence imposed on the appellant for the offence of stealing was harsh and warranted interference by the appellate court.
Ratio Decidendi
The court found that the appellant had already served about one year of the two-year sentence for stealing sugar cane valued at Kshs. 237,038. Considering the period already served and the circumstances of the case, the court determined that the remaining sentence should be served under probation rather than continued imprisonment. The court exercised its discretion to alter the mode of serving the sentence, finding the original custodial sentence to be harsh in the circumstances.
Court Disposition
sentence varied; appellant to serve balance under probation
Orders
- The appellant, Ronald Oboke Gori, shall be released from prison to serve the balance of his sentence under probation.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISII
CRIMINAL APPEAL NO. 3 OF 2018
RONALD OBOKE GORI.................APPELLANT
VERSUS
REPUBLIC......................................RESPONDENT
(Appeal from the original conviction and sentence of Hon. J.M Njoroge – CM dated 11th December 2017 at the Chief Magistrate’s Court at Kisii in Criminal Case No. 3412 of 2015)
JUDGMENT
1. The appellant, RONALD OBOKE GORI, and his co-accused, were charged with the offence of stealing contrary to section 268(1) as read with section 275 of the Penal Code (Chapter 63 of the Laws of Kenya). The particulars of the offence were that on 9th December 2015 at Iyabe Location, Kisii South District within Kisii County they jointly with others not before the court stole sugar cane valued at Kshs. 237,038/=, the property of EVANS OMWERI NYANDORO. The appellant was convicted and sentenced to two years imprisonment.
2. The appellant has appealed against conviction and sentence but at the hearing of the appeal, the appellant informed the court that he was only contesting the sentence which was, in his view harsh. Mr. Otieno, counsel for the respondent did not object to this plea.
3. I have considered the sentence for RONALD OBOKE GORI and since he has served about one year in jail, I order that he be released to serve the balance of his sentence under probation.
Dated and delivered at Kisii this 17th day of September, 2018.
D.S MAJANJA
JUDGE
Mr. Otieno, Senior Prosecution Counsel, instructed by Office of Director of Prosecutions.
Appellant in person.