[2020] KEHC 975 (KLR)
The High Court found that the trial court failed to adequately consider the appellant's plea of guilty and youthfulness as mitigating factors in sentencing. Although the value of the stolen goods and lack of recovery were aggravating, the appellant's status as a first offender and his admission of guilt warranted a...
Source-derived case information.
- Citation
- [2020] KEHC 975 (KLR)
- Parties
- Appellant: Stephen Marwa Mwachuma; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 2 of 2018
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal_partially_allowed
- Judges
- DW Mbuteti
- Legal Topics
- Sentencing Principles, Plea of Guilty, First Offender, Youthful Offender
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stephen Marwa Mwachuma
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence of five years imprisonment imposed on a first offender who pleaded guilty was manifestly harsh and excessive.
- 2 Whether the trial court failed to consider mitigating factors such as the appellant's plea of guilty and youthfulness.
Ratio Decidendi
The High Court found that the trial court failed to adequately consider the appellant's plea of guilty and youthfulness as mitigating factors in sentencing. Although the value of the stolen goods and lack of recovery were aggravating, the appellant's status as a first offender and his admission of guilt warranted a more lenient sentence. The five-year term was manifestly harsh and excessive in the circumstances. The appellate court therefore set aside the original sentence and substituted it with a sentence of time already served, ordering the appellant's immediate release unless otherwise lawfully held.
Court Disposition
appeal_partially_allowed
Orders
- The sentence of five years imprisonment is set aside and substituted with a sentence of time already served.
- The appellant shall be set at liberty forthwith unless otherwise lawfully held.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NANYUKI
CRIMINAL APPEAL NO 2 OF 2018
STEPHEN MARWA MWACHUMA..…………….…..….………APPELLANT
VERSUS
REPUBLIC..……………………………………..….………….RESPONDENT
(Appeal from original Sentence dated 05/01/2018 in Nanyuki CM Criminal Case No 1982 of 2017 – L Mutai, CM)
J U D G M E N T
1. The Appellant herein, STEPHEN MARWA MWACHUMA(2ndaccused in trial court) was convicted upon his own plea ofbreaking into a building and stealing thereincontrary tosection 306(a)of thePenal Code.On 05/01/2018 he was sentenced to five (5) years imprisonment. He has appealed only against that sentence.
2. The Appellant’s three co-accused similarly pleaded guilty to the same offence and were duly convicted. They were also each sentenced to five years imprisonment. We have checked our criminal registry records; it appears that they never appealed.
3. The Appellant has pointed out that he was a first offender who pleaded guilty. He says he is now 29 years old, having been born in 1991. That means that when he was convicted and sentenced he was about 26 years old. He therefore contends that in his particular circumstances the sentence meted out to him was manifestly harsh and excessive.
4. Learned prosecution counsel on the other hand supports the sentence. He pointed out that the Appellant and his co-accused stole assorted articles of clothing and shoes valued at KShs 1. 5 million, and that hardly anything at all was recovered. Learned counsel also pointed out that the offence carried a maximum of seven (7) years imprisonment.
5. In sentencing the Appellant, the trial court indeed considered that he was a first offender. But the court appeared not to give him any credit for the fact that he had pleaded guilty and thus saved the court and the prosecution the time and trouble of a full trial. The court also never commented about the Appellant’s apparent youthfulness. The court appeared driven only by the value of the goods stolen and the fact that they were not recovered.
6. The particular circumstances of this Appellant called for more consideration when sentencing him. A youthful first offender who pleaded guilty ended up getting a long prison term that was manifestly harsh and excessive in the circumstances of the case. This court is therefore entitled to intervene.
7. The Appellant has now served about 2 years and 11 months of his sentence. I consider that to be sufficient punishment for his crime.
8. I will therefore partially allow this appeal against sentence by setting aside the five (5) years imprisonment imposed, and by substituting therefor the time already served. That means that the Appellant shall be set at liberty forthwith unless otherwise lawfully held. It is so ordered.
DATED AND SIGNED AT NANYUKI THIS 1ST DAY OF DECEMBER 2020
H P G WAWERU
JUDGE
DELIVERED AT NANYUKI THIS 3RD DAY OF DECEMBER 2020