[2013] KEHC 4685 (KLR)
The court held that the trial magistrate erred by failing to consider the appellant's plea of guilty as a mitigating factor when imposing sentence. Although the offence of stock theft carries a maximum sentence of 14 years, the appellant's admission of guilt warranted a lesser sentence than that imposed on the...
Source-derived case information.
- Citation
- [2013] KEHC 4685 (KLR)
- Parties
- Appellant: Sayoni Ole Payal; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 151 of 2011
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal_partially_allowed
- Judges
- GO Shikwe
- Legal Topics
- Stock Theft, Sentencing Principles, Plea of Guilty
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Sayoni Ole Payal
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence imposed on the appellant, who pleaded guilty to stock theft, was excessive in light of his plea and the circumstances.
- 2 Whether the trial magistrate erred by imposing the same sentence on both accused despite the appellant's guilty plea.
Ratio Decidendi
The court held that the trial magistrate erred by failing to consider the appellant's plea of guilty as a mitigating factor when imposing sentence. Although the offence of stock theft carries a maximum sentence of 14 years, the appellant's admission of guilt warranted a lesser sentence than that imposed on the co-accused who pleaded not guilty. The High Court found that the five-year sentence was excessive in the circumstances and reduced it to three years, thereby partially allowing the appeal.
Court Disposition
appeal_partially_allowed
Orders
- The appellant's sentence is reduced from five years to three years imprisonment.
- The appellant shall now serve three years imprisonment.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
High Court at Mombasa
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(From Original Conviction and Sentence in Criminal Case No. 158 of 2011 of the Senior Resident Magistrate’s Court at Taveta – C. N. Ndegwa (SRM))
SAYONI OLE PAYAL ………………………….................................……….…. APPELLANT
- Versus -
REPUBLIC ……………………………………..............................……….… RESPONDENT
J U D G M E N T
The Appellant was sentenced to five years imprisonment for the offence of Stealing Stock contrary to Section 278 of the Penal Code.
He had been jointly charged with another man by the name of Mwana Mutupulwa (2nd accused).
The particulars of the charge sheet were that on the 15th day of May 2009 at around 2. 00pm at Njoro Village within Taita Taveta County, they stole one cow brown in colour valued at Kshs. 30,000/- the property of Sikoyo Ole Moyiani.
The Appellant in this case pleaded guilty to the charge and was convicted and sentenced to five years imprisonment. His colleague pleaded not guilty, had his case heard to conclusion and was found guilty and convicted and sentenced to five years imprisonment.
The offence of stock theft attracts a maximum sentence of 14 years. The Appellant in this case pleaded guilty to the charge and did not waste judicial time. The trial Magistrate should have born this in mind when meting out the same imprisonment term as the 2nd Accused. The imprisonment term of five years is hereby reduced to three years. He will now serve three years.
To that extent only does his appeal succeed.
Dated and delivered at Mombasa this 20th day of March, 2013.
M. MUYA
JUDGE
In the presence of:-
Mr. Jami for State
Accused - present
Court clerk – Mr. Musundi
M. MUYA
JUDGE