[2019] KEHC 227 (KLR)
The court found that the sentence of a fine of Kshs. 300,000 or four years imprisonment was disproportionate to the value of the stolen goods, which was Kshs. 200,000. The judge held that the period the applicant had already spent in remand custody constituted sufficient punishment for the offence of handling stolen...
Source-derived case information.
- Citation
- [2019] KEHC 227 (KLR)
- Parties
- Applicant: Susan Wairimu; Applicant: Isaac Ndung’u Ng’ethe; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 853 of 2018
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- sentence revised; applicant to be set free unless otherwise lawfully held
- Legal Topics
- Stealing, Handling Stolen Goods, Sentencing Principles
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Susan Wairimu
Applicant
Isaac Ndung’u Ng’ethe
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the sentence imposed was proportionate to the value of the stolen goods.
- 2 Whether the period spent in remand custody was sufficient punishment for the offence of handling stolen goods.
Ratio Decidendi
The court found that the sentence of a fine of Kshs. 300,000 or four years imprisonment was disproportionate to the value of the stolen goods, which was Kshs. 200,000. The judge held that the period the applicant had already spent in remand custody constituted sufficient punishment for the offence of handling stolen goods. Accordingly, the court ordered the applicant's immediate release unless otherwise lawfully held.
Court Disposition
sentence revised; applicant to be set free unless otherwise lawfully held
Orders
- The period spent in remand custody is deemed sufficient sentence.
- The applicant is to be forthwith set free unless otherwise lawfully held.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
CRIMINAL DIVISION
CRIMINAL REVISION NO. 853 OF 2018
SUSAN WAIRIMU.......................................................................1ST APPLICANT
ISAAC NDUNG’U NG’ETHE.....................................................2ND APPLICANT
VERSUS
REPUBLIC.......................................................................................RESPONDENT
RULING
1. The Applicant was charged with stealing contrary to Section 268(1) as read with Section 275 of the Penal Code. It is said that he and another stole various household goods all valued at Kshs. 200,000/=.
2. In the alternative, he was charged with handling stolen goods contrary to Section 322(2) of the Penal Code.
3. He was found guilty of the alternative charge and sentenced to pay a fine of Kshs. 300,000/= in default serve 4 years imprisonment.
4. This is a sentence that was not proportionate to the offence in that the value of the goods was not so high as to attach the stringent sentence. In my view, the period the Applicant has been in remand custody is a sufficient sentence. I order that he be forthwith set free unless otherwise lawfully held.
Dated and Delivered at Nairobi This 25th day of November, 2019.
G.W.NGENYE-MACHARIA
JUDGE.
In the presence of;
1. Applicant in person
2. M/s Akunja for the Respondent