[2021] KEHC 4635 (KLR)
The court found that the sentence of 4½ years imprisonment on each limb, to run concurrently, was not manifestly harsh or excessive given the maximum sentences prescribed by law (10 and 14 years respectively), the appellant's breach of trust as a former security guard, and the fact that only part of the stolen...
Source-derived case information.
- Citation
- [2021] KEHC 4635 (KLR)
- Parties
- Appellant: Samuel Kagumba Maina; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 43 of 2020
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed
- Judges
- DW Mbuteti
- Legal Topics
- Sentencing Principles, Plea of Guilty, First Offender, Concurrent Sentences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samuel Kagumba Maina
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence imposed on the appellant was manifestly harsh or excessive.
- 2 Whether the appellant's status as a first offender and his plea of guilty warranted a reduction of sentence.
Ratio Decidendi
The court found that the sentence of 4½ years imprisonment on each limb, to run concurrently, was not manifestly harsh or excessive given the maximum sentences prescribed by law (10 and 14 years respectively), the appellant's breach of trust as a former security guard, and the fact that only part of the stolen property was recovered. The appellant's plea of guilty and first offender status were considered, but did not outweigh the aggravating circumstances. The appeal against sentence lacked merit and was dismissed.
Court Disposition
appeal dismissed
Orders
- The appeal against sentence is dismissed.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NANYUKI
CRIMINAL APPEAL NO 43 OF 2020
SAMUEL KAGUMBA MAINA...............................APPELLANT
VERSUS
REPUBLIC.........................................................RESPONDENT
(Appeal from original Sentence in Nanyuki CM Criminal Case No 208 of 2020 – L Mutai, CM)
J U D G M E N T
1. The Appellant herein, SAMUEL KAGUMBA MAINA, was convicted upon his own plea of breaking into a building and stealing from therein contrary to sections 304(1) and 279(b) of the Penal Code. It was alleged that on 21/01/2020 at Likii area in Laikipia East Sub-County within Laikipia County, he broke and entered a bar named in the particulars, and from therein stole various items listed, all worth a total of KShs 295,700/00, the property of one PENINAH KIHONGE.
2. On 24/02/2020 the Appellant was sentenced to 4½ years imprisonment on each limb of the offence, sentences to run concurrently. He has appealed only against the sentence.
3. I have considered the Appellant’s submissions as well as those of the learned counsel for the Respondent. The Appellant was a first offender who pleaded guilty. He was, however, a former security guard at the premises who utilized his knowledge of the place to break into the premises and steal therefrom.
4. It is also to be noted that the two limbs of the offence carried, respectively, maximum punishments of imprisonment for 10 years and 14 years. The Appellant got only 4½ years imprisonment on each limb, to run concurrently. Another thing, only a portion of the stolen items were recovered.
5. Upon considering all matters placed before the court, I respectively agree with learned counsel that the sentence is not manifestly harsh or excessive, and was in fact richly deserved. There is no merit in this appeal against sentence. It is hereby dismissed. It is so ordered.
DATED AND SIGNED AT NANYUKI THIS 28TH DAY OF JULY 2021
H P G WAWERU
JUDGE
DELIVERED AT NANYUKI THIS 29TH DAY OF JULY 2021