[2014] KEHC 6703 (KLR)
The court found that the appellant's plea of guilty was voluntary and unequivocal, as there was no evidence of police coercion and the record confirmed the use of Swahili, a language the appellant understood. The recovery of the stolen motorcycle and its production as an exhibit further supported the conviction....
Source-derived case information.
- Citation
- [2014] KEHC 6703 (KLR)
- Parties
- Appellant: Stephen Munyaka Kimera; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 182 of 2012
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- sentence varied; conviction upheld
- Judges
- GO Shikwe
- Legal Topics
- Plea of Guilty, Store Breaking, Sentence Reduction, Language of Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stephen Munyaka Kimera
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the appellant's plea of guilty was voluntary and unequivocal.
- 2 Whether the proceedings were conducted in a language understood by the appellant.
- 3 Whether the conviction was safe given the recovery of the stolen property.
Ratio Decidendi
The court found that the appellant's plea of guilty was voluntary and unequivocal, as there was no evidence of police coercion and the record confirmed the use of Swahili, a language the appellant understood. The recovery of the stolen motorcycle and its production as an exhibit further supported the conviction. However, considering the appellant was a first offender and the stolen item was recovered, the court exercised its discretion to reduce the sentence from five years to three years imprisonment, holding that the original sentence was excessive in the circumstances.
Court Disposition
sentence varied; conviction upheld
Orders
- The sentence of five years imprisonment is reduced to three years imprisonment.
- If the appellant has finalized the three years, he is to be set at liberty unless otherwise lawfully held.
Full Case Text
Judgment text and source record
29 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
CRIMINAL APPEAL NO. 182 OF 2012
STEPHEN MUNYAKA KIMERA ..........................................….. APPELLANT
VERSUS
REPUBLIC ……….……............................................…RESPONDENT
(From original Conviction and Sentence in Criminal Case No. 879 of 2011 of the Principle Magistrate's Court at Voi – Hon. Nyakundi – S.R.M.)
JUDGMENT
The Appellant mentioned herein above was Convicted and Sentenced to five (5) years imprisonment for the offence of store breaking and committing a felony contrary to section 306 (a) of the Penal Code.
The particulars are that:-
“On the 4th day of December, 2011 at Kasigau Taita-Taveta County he broke and entered the store of WILLIAM NDORO MAKAGHA and did steal from therein a motor cycle Registration Number KMCR 760L make Sumo 150 Alloy valued at Ksh. 75,000/= the property of WILLIAM NDORO MAKAGHA”.
The Accused pleaded guilty to the charge which was read to him in Swahili language which he told the Court he understood. The facts were read to him and he stated that they were true. He was subsequently Convicted on his own plea of guilty. Before Sentence the matter was referred for a probation report.
In his amended grounds of appeal he states that he was pushed by police to enter a plea of guilty.
Secondly, that the facts were read to him in English language which he did not understand.
Thirdly that nothing was recovered from him.
On the first ground. There is nothing to show that he was misled by police to enter a plea of guilty. At the time of plea he did not tell the Court that he had been instructed to enter a plea of guilty by police.
On the second ground, there is ample evidence from the record of proceedings that the language used was Swahili.
As for the third ground wherein he claims that nothing was recovered from him. The facts clearly show that the Accused was arrested at Chunga Unga area and the motor cycle was recovered and he was escorted along with it to Voi Police Station. The said motor cycle was later produced as exhibit in Court.
I find his Conviction was safe. On the issue of Sentence. The offence he was charged with carries a maximum Sentence of seven (7) years. It is noted that he had been treated as a first offender and the stolen item was recovered. The imprisonment term of five(5) years is hereby reduced to three (3) years imprisonment. In the event that he has finalized the three (3) years to be set at liberty unless otherwise lawfully held.
Judgment delivered dated and signed in open Court this 4thday of March, 2014.
…..............
M. MUYA
JUDGE
4TH MARCH, 2014
In the presence of:-
Learned State Counsel Mr. Ayodo
The appellant present in person
Court clerk Musundi