[2011] KEHC 2563 (KLR)
The court found that the sentence of 5 years imprisonment for stock theft was not excessive given the statutory maximum of 14 years. However, considering the appellant's plea of guilty, the recovery of part of the stolen stock, and the period already served (3 years), the court exercised its discretion to reduce the...
Source-derived case information.
- Citation
- [2011] KEHC 2563 (KLR)
- Parties
- Appellant: Shadrack Langat; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 16 of 2011
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal_allowed_in_part
- Legal Topics
- Sentencing Principles, Stock Theft, Plea of Guilty, Possession of Offensive Weapon
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Shadrack Langat
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence of 5 years imprisonment for stock theft was excessive in the circumstances.
- 2 Whether the discharge under Section 35(a) of the Penal Code was proper.
Ratio Decidendi
The court found that the sentence of 5 years imprisonment for stock theft was not excessive given the statutory maximum of 14 years. However, considering the appellant's plea of guilty, the recovery of part of the stolen stock, and the period already served (3 years), the court exercised its discretion to reduce the sentence to the term already served. The court also clarified that the discharge on the second count should have been under Section 35(1) of the Penal Code, not Section 35(a). The appeal was allowed to the extent that the appellant was ordered released forthwith unless otherwise lawfully held.
Court Disposition
appeal_allowed_in_part
Orders
- The sentence of 5 years imprisonment is set aside and substituted with a sentence of the term already served.
- The appellant is to be released from prison forthwith unless otherwise lawfully held.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
CRIMINAL APPEAL NO. 16 OF 2011
SHADRACK LANGAT…………………………..…..APPELLANT
VERSUS
REPUBLIC………………………………………….RESPONDENT
JUDGMENT
Shadrack Langat was charged with the offences of stealing stock contrary to Section 278of the Penal Code and being in possession of offensive weapon contrary to Section 89(1) of the Penal Code. He pleaded guilty, and was convicted on both counts. On the first count he was sentenced to serve 5 years imprisonment and on the 2nd charge he was discharged under Section 35(a) of the Penal Code. Being dissatisfied with the sentence meted on him, he filed this appeal. In his petition of appeal, all that is contained therein is mitigation as to whey the court should reconsider the sentence and be lenient to him.
Mr. Omwega, counsel who appeared for the State opposed the appeal on the grounds that the sentence of 5 years is reasonable in the circumstance. The court considered his mitigation and discharged him in the 2nd count under Section 35(a) of the Penal Code;thatSection 278 of the provides for a maximum sentence of 14 years. The appellant having pleaded guilty was only given a sentence of 5 years and was discharged on the 2nd charge. This court notes that Section 35(a) of the Penal Code does not exist. The conditional discharge should have been under Section 35(1) of the Penal Code. So far the appellant has served 3 years upto February 2011. He is left with less than one year if he is granted remission. The appellant stole a bull and heifer. The heifer was recovered. This court will exercise its discretion and sentence the appellant to the term already served. The appeal against sentence is allowed to that extent and he is released from prison forthwith unless otherwise lawfully held.
DATED and DELIVERED this 8th April 2011.
R.P.V. WENDOH
JUDGE
PRESENT:
The appellant present – in person.
Mr. Omutelema for he accused.
Kennedy – Court Clerk.