[2017] KEHC 1919 (KLR)
The court held that the sentence of 7 years imposed on the appellant was lawful as it was the minimum prescribed by Section 308(1) of the Penal Code. The trial court had properly informed the appellant of the consequences of pleading guilty and allowed him time to reconsider, after which he confirmed his plea. There...
Source-derived case information.
- Citation
- [2017] KEHC 1919 (KLR)
- Parties
- Appellant: Titus Munene; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 68 of 2017
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed; sentence confirmed
- Judges
- MM Kasango
- Legal Topics
- Plea of Guilty, Sentencing Principles, Preparation to Commit Felony
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Titus Munene
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence of 7 years imposed on the appellant for preparation to commit a felony was lawful and appropriate.
- 2 Whether there was any error in the trial court's exercise of discretion in sentencing the appellant.
Ratio Decidendi
The court held that the sentence of 7 years imposed on the appellant was lawful as it was the minimum prescribed by Section 308(1) of the Penal Code. The trial court had properly informed the appellant of the consequences of pleading guilty and allowed him time to reconsider, after which he confirmed his plea. There was no error in the exercise of sentencing discretion, and the offence committed warranted a custodial sentence. The appeal for reduction of sentence therefore had no merit and was dismissed.
Court Disposition
appeal dismissed; sentence confirmed
Orders
- The appeal is dismissed.
- The sentence of 7 years imprisonment imposed by the trial court is confirmed.
Full Case Text
Judgment text and source record
30 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NANYUKI
CRIMINAL APPEAL NO. 68 OF 2017
TITUS MUNENE ……..................….................................................…. APPELLANT
versus
REPUBLIC ……………....………..................…....………..…...…. RESPONDENT
(Being an appeal from the original conviction and sentence in Nanyuki
Chief Magistrate’s Court Criminal Case No. 147 of 2017 by Hon. E. NGIGI
Senior Resident Magistrate on 25th August 2017)
JUDGMENT
1. The appellant TITUS MUNENE was convicted before the Nanyuki Chief Magistrate’s Court on his own plea of guilt to the offence of preparation to commit a felony contrary to section 308(1) of the Penal Code. On being convicted the appellant was sentenced to serve 7 years. The appellant has brought this appeal seeking the reduction of that sentence.
2. In supporting that appeal he submitted that he has a young child who was being supported by his elderly parents. He also stated that he was now reformed.
3. The facts of the case are that on 28th January 2016 at about 2. 00 am the complainant had woken up to use the bathroom. While he was up he noticed that the light at his kiosk was off. He approached his kiosk and noticed 3 men armed with metal rods. They were in the process of breaking the padlock of the kiosk. When they noticed the complainant those people ran away. They were chased by the complainant and the security guard. In that chase the appellant was apprehended. He was found to have a metal rod and a hammer.
4. It is important to state that the trial court when the appellant intimated that he wished to plead guilty adjourned the matter in order for the appellant to consider the consequences of his pleading guilty and the possibility of being sentenced to serve 7 years. On the following day the appellant again pleaded guilty and when the facts were read out by the prosecution he confirmed they were true.
5. Section 308(1) of the Penal Code under which the appellant was convicted is in the following terms:-
“308. (1) Any person found armed with any dangerous or offensive weapon in circumstances that indicate that he was so armed with intent to commit any felony is guilty of a felony and is liable to imprisonment of not less than seven years and not more than fifteen years.”
6. It will be seen that the minimum sentence under that section is 7 years. It is the sentence the trial court gave the appellant. There was no error therefore in the sentence of the appellant which can invite this court to interfere with the sentence. It is also clear that the appellant in the company of others set out to steal the complainant’s property on the night in question. Certain offences such as the one appellant committed deserve a custodial sentence. Since the sentence of the trial court was lawful the appellant’s appeal fails and is dismissed. The trial court’s sentence is hereby confirmed.
DATED and DELIVERED at NANYUKI this 29th day of NOVEMBER 2017
MARY KASANGO
JUDGE
CORAM
Before Justice Mary Kasango
Court Assistant: Njue/Mariastella
Appellant: Titus Munene...............................
For the State: ….............................................
Language: ....................................................
COURT
Judgment delivered in open court.
MARY KASANGO
JUDGE