[2003] KEHC 163 (KLR)
The court found that the appellant's guilty plea demonstrated remorse and saved judicial time, which are mitigating factors justifying a reduction in sentence. The court rejected the State's argument that the appellant was a habitual offender, noting that only one other conviction was cited and the details of that...
Source-derived case information.
- Citation
- [2003] KEHC 163 (KLR)
- Parties
- Appellant: Simon Kipchirchir Rutto; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- ? 356 of ??
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- sentence reduced and corporal punishment imposed
- Legal Topics
- Stock Theft, Sentencing, Plea of Guilty
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Simon Kipchirchir Rutto
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence of five years imprisonment for stealing stock was excessive in the circumstances.
- 2 Whether the appellant's guilty plea and personal circumstances warranted a reduction of sentence.
- 3 Whether the absence of corporal punishment in the original sentence was an error.
Ratio Decidendi
The court found that the appellant's guilty plea demonstrated remorse and saved judicial time, which are mitigating factors justifying a reduction in sentence. The court rejected the State's argument that the appellant was a habitual offender, noting that only one other conviction was cited and the details of that case were not before the court. The court held that the original sentence of five years was excessive in the circumstances and reduced it to three years imprisonment. Additionally, the court ordered that the appellant receive one stroke of the cane, subject to medical fitness, to correct the omission of corporal punishment in the original sentence.
Court Disposition
sentence reduced and corporal punishment imposed
Orders
- The sentence of five years imprisonment is reduced to three years imprisonment.
- The appellant shall receive one stroke of the cane, subject to medical fitness.
Full Case Text
Judgment text and source record
10 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYAAT NAKURU CRIMINAL APPEAL NO.356 OF 2000 (From original conviction and sentence in Criminal Case No.357/2000 of the Senior Resident Magistrate’s Court at MOLO -J. KIARIE (S.R.M.)
SIMON KIPCHIRCHIR RUTTO…………………APPELLANT VERSUS REPUBLIC………………………………………..RESPONDENT
J U D G M E N T
The Appellant has appealed against the sentence of five years imprisonment for STEALING STOCK to wit five head of cattle valued at Kshs.300,000/-. He pleaded guilty to the charge. He pleads for leniency on grounds he has three children and his parents are very old.
The appeal is opposed by the Learned State Counsel who urged the court to find that the Appellant is a habitual cattle thief on grounds he was convicted for similar offence in case No.358/2000. He urged court to confirm the sentence and add corporal punishment which the court forgot to impose.
With respect, there is no justification to submit that the Appellant is a habitual cattle thief just because of a similar conviction. The Appellant does not deny the conviction. However, the other case file is not before the court and the circumstances of that offence are unknown to the court.
The Appellant pleaded guilty to the charge showing his remorsefulness. He saved court’s time. He has a young family. I will allow the appeal by reducing the sentence to 3 years imprisonment. The Appellant should in addition receive one stoke of the cane subject to medical fitness to receive such punishment.
Orders accordingly.
Dated and delivered at Nakuru this 13th day of March, 2003. JESSIE LESIIT JUDGE