[2016] KEHC 8028 (KLR)
The court held that the sentence of 12 months imprisonment imposed on the applicant for the offence of stealing by servant was extremely reasonable, considering the statutory maximum of seven years under Section 281 of the Penal Code. The applicant had only served three months of the sentence at the time of the...
Source-derived case information.
- Citation
- [2016] KEHC 8028 (KLR)
- Parties
- Applicant: Timothy Kipkemoi Kipkangor; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 125 of 2016
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Sentence
- Outcome
- application dismissed
- Legal Topics
- Sentencing Principles, Stealing by Servant, Forgery, Criminal Revision, Penal Code Interpretation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Timothy Kipkemoi Kipkangor
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Whether the sentence of 12 months imprisonment for stealing by servant was excessive and warranted revision.
- 2 Whether the applicant's personal circumstances justified interference with the sentence imposed.
Ratio Decidendi
The court held that the sentence of 12 months imprisonment imposed on the applicant for the offence of stealing by servant was extremely reasonable, considering the statutory maximum of seven years under Section 281 of the Penal Code. The applicant had only served three months of the sentence at the time of the application, which the court found insufficient to warrant revision. The applicant's personal circumstances, including being a first offender and suffering from asthma, did not justify interference with the sentence, as the sentence was neither illegal nor excessive. The court therefore declined to exercise its revisionary jurisdiction under Section 364 of the Criminal Procedure Code.
Court Disposition
application dismissed
Orders
- The application for revision of sentence is declined and dismissed.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL DIVISION
CRIMINAL REVISION NO. 125 OF 2016
TIMOTHY KIPKEMOI KIPKANGOR...............................................APPLICANT
VERSUS
REPUBLIC..........................................................RESPONDENT
RULING
The Applicant was charged with five counts. In Counts I and IV, he was charged with forgery contrary to Section 345 as read with Section 349 of the Penal Code.
In Count V for which he was convicted, he was charged with stealing by servant contrary to Section 281 of the Penal Code. The particulars of the offence were that on diverse dates between the 12th day of May, 2012 and 30th day of September, 2012 at Cooperative Bank of Kenya, Parliament Road Branch in Nairobi within Nairobi county, being a teller in the said bank, stole Kshs. 2,450,000/= the property of the said bank which came into his possession by virtue of his employment. H e was sentenced to serve 12 months imprisonment.
The application before this court is for revision of the sentence imposed. The same sentence was delivered on 5th April, 2016. The Applicant states that the same was excessive. He pleads that he was a first offender with a young family comprised of two children and a wife and that he suffers from Asthma, a condition that cannot be well catered for under the prison condition.
Under Section 281 of the Penal Code, a person convicted for the offence of stealing by servant is liable to imprisonment for seven years. In that case, the one year sentence imposed was extremely reasonable. Besides, as at date, the Applicant has only served three months out of the 12 months jail term imposed. I am not therefore convinced he has served sufficient sentence to warrant the revision sought.
Accordingly, in exercise of the powers conferred to this court under Section 364 of the Criminal Procedure Code, the application is declined and thereby dismissed
DATED and DELIVERED this 18th day of July, 2016
G.W. NGENYE-MACHARIA
JUDGE
In the presence of:
Applicant in person
M/s Sigei for the Respondent