[2005] KEHC 258 (KLR)
The appellate court found no basis to interfere with the trial magistrate's exercise of discretion in sentencing. The appellant had admitted to house breaking and stealing, and had a prior conviction for a similar offence for which he was already serving a sentence. The sentences imposed—three years each for house...
Source-derived case information.
- Citation
- [2005] KEHC 258 (KLR)
- Parties
- Appellant: Stanley Seveni; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 281 of 2003
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed
- Legal Topics
- House Breaking, Stealing, Sentencing, Penal Code Offences
- 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 magistrate was excessive or warranted interference by the appellate court.
- 2 Whether the appellant's admission of guilt and lack of mitigation affected the sentence imposed.
Ratio Decidendi
The appellate court found no basis to interfere with the trial magistrate's exercise of discretion in sentencing. The appellant had admitted to house breaking and stealing, and had a prior conviction for a similar offence for which he was already serving a sentence. The sentences imposed—three years each for house breaking and stealing, to run concurrently—were not excessive given the circumstances. The absence of mitigation and the appellant's criminal history justified the severity of the sentence. The appeal was therefore dismissed as lacking merit.
Court Disposition
appeal dismissed
Orders
- The appeal is dismissed.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KAKAMEGA
Criminal Appeal 281 of 2003
(Appeal against both conviction and sentence of the Resident Magistrate’s Court
at Hamisiin Criminal Case No. 582 of 2003 (W. B. O. TENGO ESQ., RM)
STANLEYSEVENI ………………………………….…………………….. APPELLANT
V E R S U S
REPUBLIC ……………………………………………………………… RESPONDENT
JUDGEMENT
The appeal by Stanley Seveni was against the severity of sentence. He was charged with house breaking C/S 304(1) and stealing C/S 279(b) of the Penal Code. He admitted the offence and the facts constituting the offence. He broke into the house of one Collins Asuna Sore and stole goods valued at Shs.5000/=. When called upon to mitigate, the appellant is recorded to have said he had no mitigation. In sentencing the appellant, the trial magistrate noted that the appellant had been convicted of a similar offence and was in prison serving sentence of 3 years. He sentenced him to 3 years imprisonment for house breaking and 3 years imprisonment for stealing, both to run concurrently.
There is no basis for interfering with the learned trial Magistrate’s discretion and it is patent that a severe sentence was called for in this case. I find no merit in the appeal and hereby dismiss it.
Dated at Kakamega this 3rd day of June, 2005.
G. B. M. KARIUKI
J U D G E