[2017] KEHC 4263 (KLR)
The court found that the appellant, having served 5 years of a 7-year sentence for stealing stock, had been sufficiently punished, especially since the stolen animals were recovered before he could benefit from the crime. The court exercised its discretion to reduce the sentence to the period already served,...
Source-derived case information.
- Citation
- [2017] KEHC 4263 (KLR)
- Parties
- Appellant: Walter Simiyu; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Bungoma
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 23 of 2013
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- sentence reduced to period served; appellant to be released unless otherwise lawfully held
- Legal Topics
- Stealing Stock, Sentencing Review, Plea of Guilty
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Walter Simiyu
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence imposed on the appellant for stealing stock was excessive and warranted review.
- 2 Whether the period already served constituted sufficient punishment given the recovery of the stolen animals.
Ratio Decidendi
The court found that the appellant, having served 5 years of a 7-year sentence for stealing stock, had been sufficiently punished, especially since the stolen animals were recovered before he could benefit from the crime. The court exercised its discretion to reduce the sentence to the period already served, emphasizing proportionality and the fact that the appellant did not profit from his actions. The sentence was set aside and the appellant ordered to be released unless otherwise lawfully held.
Court Disposition
sentence reduced to period served; appellant to be released unless otherwise lawfully held
Orders
- The sentence of 7 years imprisonment is set aside and substituted with the period already served.
- The appellant shall be set at liberty forthwith unless otherwise lawfully held.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT BUNGOMA
CRIMINAL APPEAL NO. 23 OF 2013
(An appeal from sentence by B. Ombewa (SRM)
in Webuye SPM CrC No. 137 of 2011)
WALTER SIMIYU...............................................APPELLANT
VERSUS
REPUBLIC...................................................RESPONDENT
JUDGMENT
[1]. The appellant WALTER SIMIYU was convicted on his own plea of guilty for the offence of stealing stock C/Sec. 278 P.C. and sentenced to serve 7 years imprisonment.
The charge against him stated that 24th February, 2013 at MATULO village within Bungoma County he jointly with SAMMY SIMIYU stole seven sheep all valued at Kshs.21,000/= the property of MARGARET WANYAMA.
[2]. The appellant admitted the offence whose facts as narrated to the trial court were that the complainant locked her sheep in the boma (pen) and went to sleep on 24/02/2013. When she woke up the next morning, seven sheep were missing.
Later on a neighbour informed her that some had been arrested and 7 sheep recovered.
[3]. The complainant went to the AP Camp and identified the 7 animals as hers. She was informed they were recovered from the appellant.
[4]. In mitigation the appellant explained that one MAINA who operated a butchery had requested him for supply of sheep, so he went and stole the animals but was arrested before he could accomplish his undertaking.
[5]. The appellant’s plea is for the sentence to be reviewed saying he has learnt his lesson. He has served 5 years out of the 7 years. Mr. Akello on behalf of the state left the matter to the court’s direction.
[6]. The appellant did not benefit from his mischief as the animals were recovered before he could dispose them.
I think the 5 years sentence so far served is sufficient punishment I reduce the sentence by substituting it to the period already served. Consequently the sentence is set aside and he shall be set at liberty forthwith unless otherwise lawfully held.
Delivered and dated this 13thday ofJuly, 2017 at Bungoma.
H.A. OMONDI
JUDGE.