Bige v Republic (Criminal Appeal E018 of 2025) [2025] KEHC 18645 (KLR) (17 December 2025) (Judgment)

Bige v Republic (Criminal Appeal E018 of 2025) [2025] KEHC 18645 (KLR) (17 December 2025) (Judgment)

The prosecution proved beyond reasonable doubt that the appellant broke into Biashara Centre with intent to steal, was apprehended at the scene, and the sentence imposed was lawful and not excessive. The conviction is safe and the sentence is upheld, with the only modification being that the sentence runs from the date of arrest.

Citation
[2025] KEHC 18645 (KLR)
Parties
Appellant: Sadam Bige; Respondent: Republic
Court
High Court
Jurisdiction
Kenya
Judgment Date
17 December 2025
Case Number
Criminal Appeal E018 of 2025
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal dismissed; conviction and sentence upheld with modification
Legal Topics
Breaking Into a Building, Intent to Commit Felony, Sentencing, Standard of Proof, Evaluation of Evidence
Source Language
English
Criminal Law Breaking Into a Building Intent to Commit Felony Sentencing Standard of Proof Evaluation of Evidence

Case Brief

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Parties

Sadam Bige

Appellant

Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether the prosecution proved its case beyond reasonable doubt that the appellant broke into Biashara Centre and attempted to steal
  2. 2 Whether the sentence passed was harsh and excessive

Ratio Decidendi

The prosecution proved beyond reasonable doubt that the appellant broke into Biashara Centre with intent to steal, was apprehended at the scene, and the sentence imposed was lawful and not excessive. The conviction is safe and the sentence is upheld, with the only modification being that the sentence runs from the date of arrest.

Court Disposition

appeal dismissed; conviction and sentence upheld with modification

Orders

  • Appeal against conviction dismissed
  • Sentence upheld to run from 12th December 2024 per Section 333(2) Criminal Procedure Code