Vincent Omalla Oduor v Republic [2017] KEHC 1959 (KLR)
- Citation
- [2017] KEHC 1959 (KLR)
- Status
- Judgment
- Jurisdiction
- Kenya
- Court
- High Court
- Panel
- KW Kiarie
- Case number
- Criminal Appeal 16 of 2017
- Language
- English
More details
- Court
- High Court
- Panel
- KW Kiarie
- Case number
- Criminal Appeal 16 of 2017
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court found that the sentence of two years imprisonment imposed on the appellant, who pleaded guilty to stealing by servant, was lenient given the statutory maximum of seven years under section 281 of the Penal Code. The trial magistrate exercised discretion appropriately, and there was no basis to interfere with the sentence. The appeal was therefore dismissed for lack of merit.
Court disposition
appeal dismissed
Orders
- The appeal is dismissed for want of merits.
02
Material facts
Parties
Vincent Omalla Oduor
AppellantRepublic
Respondent Counsel: Mr. OwitiAmounts and remedies
- Value of Stolen Items: KES 24,750
- Cash Stolen: KES 6,500
03
Procedural history
Posture
Criminal Appeal / Judgment
04
Questions and positions
Legal issues
- 01
Whether the sentence imposed for stealing by servant was harsh or excessive.
- 02
Whether the conviction and sentence were proper in law.
Party arguments
- Applicant
- The appellant, appearing in person, argued that the sentence imposed was harsh.
- Respondent
- The state, through Mr. Owiti, opposed the appeal and supported the sentence imposed by the trial court.
05
Court’s reasoning
Legal principles
- 01
Section 281, Penal Code
A person convicted of stealing by servant under section 281 of the Penal Code is liable to imprisonment for up to seven years.
- 02
General sentencing jurisprudence
Appellate courts will not interfere with sentence unless it is manifestly excessive or based on wrong principles.
06
Ratio, limits and disposition
Ratio decidendi
The court found that the sentence of two years imprisonment imposed on the appellant, who pleaded guilty to stealing by servant, was lenient given the statutory maximum of seven years under section 281 of the Penal Code. The trial magistrate exercised discretion appropriately, and there was no basis to interfere with the sentence. The appeal was therefore dismissed for lack of merit.
Court disposition
appeal dismissed
- The appeal is dismissed for want of merits.
Source and reliance status
High Court
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
High Court
Judgment
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT BUSIA
CRIMINAL APPEAL NO. 16 OF 2017
VINCENT OMALLA ODUOR............................APPELLANT
VERSUS
REPUBLIC...........................................................REPUBLIC
(From the original conviction and sentence in Criminal case No. 657 of 2017 of the Chief Magistrate’s Court at Busia by Hon.W.Chepseba– Chief Magistrate)
JUDGMENT
VINCENT OMALLA ODUORthe appellant herein was convicted for the offence of stealing by servant contrary to section 281 of the Penal code.
The particulars of the offence are that on the 28th March 2017 at BUGENGI market of BUSIA County being a servant of MORRIS OLOO ODUOR, stole cash Kshs.6500/= and other assorted items all valued at Kshs.24,750 the property of the saidMORRIS OLOO ODUOR.
The appellant was in person. He contended that the sentence was harsh.
The facts of the prosecution case were briefly as follows:
On the 28th March 2017, the complainant was away in Nairobi. He had left the appellant to man his bar and hotel. When the manager went to check on him, he did not find him. He established that the items complained of were missing. The matter was reported to the police. The appellant was arrested. The items were recovered. He was charged for the offence.
The appellant pleaded guilty to the offence and was sentenced to serve 2 years imprisonment after his conviction.
The state through Mr. Owiti, learned counsel opposed the appeal.
Section 281 of the Penal Code provides as follows:
If the offender is a clerk or servant, and the thing stolen is the property of his employer, or came into the possession of the offender on account of his employer, he is liable to imprisonment for seven years.
The learned trial magistrate was lenient and the sentence cannot be said to be harsh. I have no basis to reduce the sentence. The appeal is dismissed for want of merits.
DELIVEREDandSIGNEDatBUSIA this 29thdayof November, 2017
KIARIE WAWERU KIARIE
JUDGE
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