[1987] KEHC 47 (KLR)
The court found that the evidence of the complainant, who witnessed the appellants damaging the coffee trees, was credible and sufficient to support the conviction. The judge was satisfied that the trial court properly evaluated the evidence and that the convictions were proper. The sentence of 18 months...
Source-derived case information.
- Citation
- [1987] KEHC 47 (KLR)
- Parties
- Appellant: Sunza; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 65 of 1987
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed; conviction and sentence upheld
- Judges
- ENA Torgbor
- Legal Topics
- Willful Damage to Property, Sentencing, Criminal Appeal, Evidence Assessment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Sunza
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the appellants willfully damaged 200 coffee trees belonging to the complainant.
- 2 Whether the conviction and sentence were proper based on the evidence.
Ratio Decidendi
The court found that the evidence of the complainant, who witnessed the appellants damaging the coffee trees, was credible and sufficient to support the conviction. The judge was satisfied that the trial court properly evaluated the evidence and that the convictions were proper. The sentence of 18 months imprisonment was not considered excessive given the considerable damage caused. Accordingly, both the conviction and sentence were upheld, and the appeals dismissed.
Court Disposition
appeal dismissed; conviction and sentence upheld
Orders
- The appeals against both conviction and sentence are dismissed.
- The convictions and sentences of 18 months imprisonment are upheld.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MACHAKOS
CRIMINAL APPEAL NO 65 OF 1987
SUNZA.....................................APPELLANT
VERSUS
REPUBLIC........................................DEFENDANT
JUDGMENT
July 22, 1987 Torgbor J delivered the following Judgment.
The two appellants were convicted and sentenced to 18 months imprisonment for willfully damaging (200) coffee trees of the complainants.
The two appellants are brothers and in their appeal they deny causing the alleged damage. I have perused the grounds of appeal carefully but find no merit in them. The damage was seen by the complainant P W 1. He had about 400 coffee trees and some 200 of these were destroyed by the two appellants. I am satisfied on the evidence that the convictions were proper and I uphold the same. The appeals are therefore dismissed. As the damage was quite considerable I do not consider the sentence of 18 months imprisonment excessive.
In the result the appeals against both conviction and sentence are dismissed.
July 22, 1987
TORGBOR
JUDGE