[2001] KEHC 350 (KLR)
The court found that the trial magistrate had properly considered all mitigating factors presented by the appellant's counsel, including the appellant's plea for forgiveness and any other circumstances in mitigation. However, the aggravating factors—specifically, the substantial sum of Kshs. 15 million stolen and...
Source-derived case information.
- Citation
- [2001] KEHC 350 (KLR)
- Parties
- Appellant: Simon Mwangi Thuo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 1273 of ??
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Stealing by Agent, Sentencing Principles, Mitigation, Abuse of Trust
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Simon Mwangi Thuo
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence imposed for stealing by agent was excessive or warranted in the circumstances.
- 2 Whether the trial magistrate considered all relevant mitigating factors before sentencing.
Ratio Decidendi
The court found that the trial magistrate had properly considered all mitigating factors presented by the appellant's counsel, including the appellant's plea for forgiveness and any other circumstances in mitigation. However, the aggravating factors—specifically, the substantial sum of Kshs. 15 million stolen and the complete lack of recovery of the funds, as well as the abuse of trust by the appellant—justified the sentence imposed. The sentence of four years' imprisonment was within the statutory maximum and was not excessive or unjust. The appellate court saw no reason to interfere with the sentence, as the correct legal principles had been applied by the trial magistrate.
Court Disposition
appeal dismissed
Orders
- The appeal is dismissed.
- The sentence of four years' imprisonment is upheld.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI CRIMINAL DIVISION CRIMINAL APPEAL NO 1273 OF 2000
FROM ORIGINAL CONVICTION AND SENTENCE IN CRIMINAL CASE NO 731 OF 2099 OF THE CHIEF MAGISTRATE’S COURT AT NAIROBI
SIMON MWANGI THUO…………………………………APPELLANT VERSUS REPUBLIC……………………………………………..RESPONDENT
JUDGMENT
The appellant was convicted of the offence of stealing by agent c/s 283(b) of The Penal Code and sentenced to 4(four) years imprisonment. Being aggrieved by the said conviction and sentence he appealed.
At the hearing of this appeal but after the address by the learned counsel for the Republic the appellant admitted the offence an asked for forgiveness. The effect thereof is that the appeal is only against the sentence imposed by the learned trial magistrate.
A person convicted of this offence is liable to imprisonment for a period of seven years. The appellant was represented by counsel in the lower court who placed before the court everything possible in mitigation.
In sentencing the appellant, the learned trial magistrate took into consideration all that was said in mitigation by counsel for the appellant.
He however took into consideration the fact that not a single cent out of the Kshs.15 million stolen had been recovered. He added that the appellant abused the trust his employer had reposed in.
With respect, the learned trial magistrate applied the correct principles in sentencing the appellant. He cannot be faulted. I seen no reason to interfere with the sentence imposed on the appellant.
The end result is that this appeal fails and is hereby dismissed.
Order accordingly.
Dated and delivered at Nairobi this 20th day of December, 2001
MBOGHOLI MSAGHA JUDGE