[2013] KEHC 5754 (KLR)
The court found that the appellant had already served more than half of his three-year sentence for handling stolen goods and that, in the absence of previous criminal records and considering the nature of the offence, the period served was sufficient punishment. The court exercised its discretion to reduce the...
Source-derived case information.
- Citation
- [2013] KEHC 5754 (KLR)
- Parties
- Appellant: Stephen Mwachofi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 51 of 2012
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- sentence reduced to term served; appellant to be released unless otherwise lawfully held
- Judges
- GO Shikwe
- Legal Topics
- Handling Stolen Goods, Sentencing, Penal Code Section 322, Conviction Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stephen Mwachofi
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence imposed on the appellant for handling stolen goods was excessive in the circumstances.
- 2 Whether the period already served by the appellant constituted sufficient punishment.
Ratio Decidendi
The court found that the appellant had already served more than half of his three-year sentence for handling stolen goods and that, in the absence of previous criminal records and considering the nature of the offence, the period served was sufficient punishment. The court exercised its discretion to reduce the sentence to the term already served, ordering the appellant's immediate release unless otherwise lawfully held.
Court Disposition
sentence reduced to term served; appellant to be released unless otherwise lawfully held
Orders
- The appellant's sentence is reduced to the term already served.
- The appellant shall be released forthwith unless lawfully held for another cause.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
CRIMINAL APPEAL NO. 51 OF 2012
STEPHEN MWACHOFI ….......................................................APPELLANT
VERSUS
REPUBLIC …........................................................................RESPONDENT
(From the Original Conviction and Sentence in the Criminal Case No. 777 of 2010 of the Senior Resident Magistrate's Court at Wundanyi: Hon. Orenge K.I. – RM)
JUDGMENT
The Appellant was found guilty and Convicted in the alternative Count of handling stolen goods contrary to section 322(2) of the Penal Code and was Sentenced to three (3) years imprisonment.
The particulars are that on the 17th day of December, 2010 at Wuchichi Village Wundanyi Location Taita Taveta County having entered the dwelling house of Chrispine Mughenyi; otherwise than in the Course of stealing dishonestly undertook the retention of four (4) tins of paint, four iron sheets, one mattress, one DVD player make royal, four plates knowing or having reason to believe them to be stolen or unlawfully obtained.
The Court notes that the Appellant was Sentenced to three years imprisonment. The prosecutor had indicated that he had no records for the Accused persons. The Accused had been found with two tins of paint.
He has served more than one and half years imprisonment term.
I deem that to be enough punishment. His Sentence term is reduced to the term he has already served. The upshot is that he will be released forthwith unless lawfully held.
Judgment dated and delivered in open Court this4thday of July, 2013.
…........................
M. MUYA
JUDGE
In the presence of:-
The Appellant
Learned State Counsel Mr. Ayodo