[2002] KEHC 366 (KLR)
The court found that the appellant was convicted on the alternative count of handling stolen property, not robbery. The sentence of 3 years imprisonment for handling stolen property was deemed proper and was upheld. The court further clarified that the warrant of commitment incorrectly stated the conviction as...
Source-derived case information.
- Citation
- [2002] KEHC 366 (KLR)
- Parties
- Appellant: Stephen Mungathia Arithu; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 800 of 2001
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- Appeal against sentence dismissed; sentence of 3 years imprisonment upheld; conviction clarified as handling stolen property.
- Legal Topics
- Handling Stolen Property, Sentencing, Conviction Correction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stephen Mungathia Arithu
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence of 3 years imprisonment for handling stolen property was proper.
- 2 Whether the conviction was correctly recorded as handling stolen property rather than robbery.
Ratio Decidendi
The court found that the appellant was convicted on the alternative count of handling stolen property, not robbery. The sentence of 3 years imprisonment for handling stolen property was deemed proper and was upheld. The court further clarified that the warrant of commitment incorrectly stated the conviction as robbery, contrary to section 296(1) of the Penal Code, and ordered that the record be amended to reflect the correct conviction under section 322(2) of the Penal Code.
Court Disposition
Appeal against sentence dismissed; sentence of 3 years imprisonment upheld; conviction clarified as handling stolen property.
Orders
- The sentence of 3 years imprisonment is upheld.
- The conviction is for handling stolen property, contrary to section 322(2), Penal Code, and not for robbery, contrary to section 296(1), Penal Code, as wrongly stated in the warrant of commitment.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL DIVISION
CRIMINAL APPEAL NO. 800 OF 2001
(From Original Conviction and Sentence in Criminal Case No.5692 of
2000 of the Senior Principal Magistrate’s Court at Kibera)
STEPHEN MUNGATHIA ARITHU…………………………APPELLANT
VERSUS
REPUBLIC……………………………………………..……RESPONDENT
J U D G M E N T
The appeal is only against the sentence of 3 years imprisonment passed on 20/3/2001.
The appellant was convicted on alternative count of handling a motor vehicle the complainant was robbed of.
The warrant of commitment is wrongly showing that the conviction was for Robbery, contrary to section 296(1), P.C.
I find that the sentence of 3 years imprisonment for handling was proper and uphold it.
ORDER:
The sentence of 3 years imprisonment is upheld.
The conviction is for Handling stolen property, contrary to section322(2), P.C. and not for Robbery, contrary to section 296(1), P.C. as wrongly stated in the warrant of commitment. The prison officer to amend his record to show that the conviction was for the Handling.
V.V. PATEL JUDGE 26/3/2002