[2017] KEHC 1959 (KLR)
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...
Source-derived case information.
- Citation
- [2017] KEHC 1959 (KLR)
- Parties
- Appellant: Vincent Omalla Oduor; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Busia
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 16 of 2017
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed
- Judges
- KW Kiarie
- Legal Topics
- Stealing by Servant, Sentencing, Plea of Guilty
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Vincent Omalla Oduor
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence imposed for stealing by servant was harsh or excessive.
- 2 Whether the conviction and sentence were proper in law.
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
Orders
- The appeal is dismissed for want of merits.
Full Case Text
Judgment text and source record
21 paragraphs
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