[2005] KEHC 1901 (KLR)
The court held that the trial magistrate exercised proper discretion in sentencing, having considered the appellant's plea of guilty, his age, and his status as a habitual offender who had previously been given opportunities to reform. The sentence of three years' imprisonment on each count, to run concurrently, was...
Source-derived case information.
- Citation
- [2005] KEHC 1901 (KLR)
- Parties
- Appellant: Stanley Seveni; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 279 of 2003
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Sentencing Principles, Plea of Guilty, Habitual Offender, Appeal Against Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stanley Seveni
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence imposed by the trial court was manifestly excessive in the circumstances of the case.
- 2 Whether the trial court exercised its discretion in sentencing on the correct principles.
Ratio Decidendi
The court held that the trial magistrate exercised proper discretion in sentencing, having considered the appellant's plea of guilty, his age, and his status as a habitual offender who had previously been given opportunities to reform. The sentence of three years' imprisonment on each count, to run concurrently, was not excessive in the circumstances. The appellate court found no reason to interfere with the sentence, as the trial court had not acted on any wrong principle nor overlooked any material factor. The appeal was therefore dismissed for lack of merit.
Court Disposition
appeal dismissed
Orders
- The appeal against sentence is dismissed.
- The sentence of the trial court is upheld.
Full Case Text
Judgment text and source record
12 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KAKAMEGA
CRIMINAL APPEAL NO. 279 OF 2003(Appeal against both conviction and sentence of the Resident Magistrate’s court at Hamisi
in Criminal Case No.583 of 2003 (W. B. O. TENGO, RM)STANLEY SEVENI ::::::::::::::::::::::::::::::::::::::::::::::APPELLANT
V E R S U S
REPUBLIC:::::::::::::::::::::::::::::::::::::::::::::::::::::RESPONDENTJ U D G E M E N T
Stanley Seveni, the Appellant, was convicted on his own plea of guilty by the Resident Magistrate at Hamisi in Criminal case No.583 of 2003 on 5. 12. 03 of three counts of house breaking contrary to Section 304(1) and stealing contrary to Section 279(b) of the Penal Code and on 6. 12. 03 was sentenced to 3 years imprisonment on each of the three counts for housebreaking and a like sentence for stealing. All the sentences were to run concurrently.
He lodged appeal on 19. 12. 2003 against the severity of sentence. His Petition of Appeal contained a prayer for leniency and a non-custodial sentence.
As an appellate court, I am cognizant that the discretion exercised by the trial court in sentencing ought normally not to be interfered with except where the trial court acted on the wrong principle in sentencing or overlooked some material factor or where the sentence is manifestly excessive in the circumstances of the case. I observe that the trial court did, in passing sentence, indicate why a custodial sentence was called for. The trial court found that the appellant was a habitual offender at a tender age of 18 years who had been sent to Borstal Institution for 3 years and did not appear to be reformed. Although the appellant had pleaded guilty and sought leniency, he was not a first offender. He had been given chances previously to mend his way and become a better member of the society but he continued to be a social menace by continuing to break the law. In the circumstances of this case, the sentence meted out was not excessive. I am not declined to interfere with it. I find no merit in the appeal and I dismiss it.
Dated at Kakamega this 14th day of July, 2005.
G. B. M. KARIUKIJ U D G E