[2010] KEHC 2000 (KLR)
The court found that the appellant's plea was unequivocal and voluntary, as the charge was read and interpreted to him in Kiswahili, his language of choice, and he confirmed the facts as correct. There was no evidence on record to suggest coercion or inducement by the police. However, considering the value of the...
Source-derived case information.
- Citation
- [2010] KEHC 2000 (KLR)
- Parties
- Appellant: Samson Mwangi Gatune; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Malindi
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 27 of 2009
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal_allowed_in_part
- Legal Topics
- Stealing by Servant, Plea of Guilty, Sentencing Principles, Mitigation, Conviction Safety
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samson Mwangi Gatune
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the appellant's guilty plea was unequivocal and voluntary.
- 2 Whether the sentence imposed was appropriate in the circumstances.
Ratio Decidendi
The court found that the appellant's plea was unequivocal and voluntary, as the charge was read and interpreted to him in Kiswahili, his language of choice, and he confirmed the facts as correct. There was no evidence on record to suggest coercion or inducement by the police. However, considering the value of the stolen goods, the fact that all items were recovered, and the period already spent in prison, the court held that the four-year sentence was harsh and disproportionate. The sentence was therefore set aside and substituted with a sentence equivalent to the period already served, resulting in the appellant's immediate release unless otherwise lawfully held.
Court Disposition
appeal_allowed_in_part
Orders
- The four-year imprisonment term is set aside and substituted with a sentence of the period already served.
- The appellant shall be set at liberty forthwith unless otherwise lawfully held.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MALINDI
Criminal Appeal 27 of 2009
(From original conviction and in Criminal Case No. 1006 of 2008 sentence of the
Senior Resident Magistrate’s Court at Kilifi before Hon. J. M. Nduna– SRM)
SAMSON MWANGI GATUNE …..….….….APPELLANT
VERSUS
REPUBLIC …………………………….……RESPONDENT
JUDGMENT
Samson Mwangi Gatune (the appellant) was convicted on a charge of stealing by servant contrary to section 281 of the Penal Code.He pleaded guilty to the charge and was sentenced to serve four (4) years imprisonment.
The charge was read over to the applicant in English and interpreted to Kiswahili and he stated:
“it is true”.
The particulars of the charge were that on 8th December 2008 at Msumarini area in Kilifi District within Coast Province, being a servant to Nancy Njoki Njoroge, he stole from her one amplifier, two shoulder shawl, two window curtains, one bedsheet, one charger, one adapter and one big red box all valued at Kshs. 16500/-, when the facts were narrated to the court – appellant confirmed them to be correct.Incidentally he was caught red handed with the items.
From a perusal of the record, I confirm that the plea was unequivocal.
In mitigation, appellant informed the trial court that he was 21 years old and sought forgiveness.His appeal is that he was cajoled by police to plead guilty in reward of an acquittal.The appeal is opposed – Miss Waigera for the State submits that the offence attracts a jail term of seven (7) years and the four year sentence was proper and appellant should serve it to completion.
I have already observed that plea was unequivocal, there is nothing on record to suggest that appellant was forced to admit the charge.
The charge was interpreted to appellant in Kiswahili, which was also his language of choice at the hearing of the appeal.The conviction was safe and is upheld.His written submissions are totally unrelated to the grounds of appeal.
I take into account the value of the goods, the fact that they were all recovered – meaning that appellant did not reap any benefits from his act.I also take into account the period he has spent in prison and I am persuaded that it has satisfied the misdeeds and that a four year period, in the circumstances is rather harsh.Under the circumstances then I set aside the four year imprisonment term and reduce it to the period already served.
Consequently appellant shall be set at liberty forthwith unless otherwise lawfully held.
Delivered and dated this 6th day of July 2010 at Malindi
H. A. Omondi
LADY JUSTICE