[2010] KEHC 1078 (KLR)
The High Court found that, although the appellants had profited from the sale of stolen sheep and deserved punishment, their youth and family circumstances, coupled with their plea of guilty, warranted leniency. The sentence of seven years was deemed harsh in the circumstances. Exercising its appellate powers under...
Source-derived case information.
- Citation
- [2010] KEHC 1078 (KLR)
- Parties
- Appellant: Wesley Chebii Tanui; Appellant: Daniel Yano Chebii; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 114B of 2009
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- sentence reduced
- Judges
- MJA Emukule
- Legal Topics
- Sentencing, Stock Theft, Plea of Guilty
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Wesley Chebii Tanui
Appellant
Daniel Yano Chebii
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence of seven years imposed for stock theft was harsh and excessive in the circumstances.
- 2 Whether the sentence should be reduced considering the appellants' plea of guilty and personal circumstances.
Ratio Decidendi
The High Court found that, although the appellants had profited from the sale of stolen sheep and deserved punishment, their youth and family circumstances, coupled with their plea of guilty, warranted leniency. The sentence of seven years was deemed harsh in the circumstances. Exercising its appellate powers under Section 354(3)(b) of the Criminal Procedure Code, the court reduced the sentence to three years for each appellant.
Court Disposition
sentence reduced
Orders
- The sentence of seven years imprisonment for each appellant is set aside and substituted with a sentence of three years imprisonment for each appellant.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLICOFKENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
CRIMINAL APPEAL NO. 114B OF 2009
CONSOLIDATED WITH
CRIMINAL APPEAL NO. 129 OF 2010
(From original conviction and sentence in criminal case No. 1931 of 2008 of the Principal Magistrate's Court at Molo - G. Sagero {R.M.})
WESLEY CHEBII TANUI…………………………………......…………………1ST APPELLANT
DANIEL YANO CHEBII………………………………..………………………..2ND APPELLANT
VERSUS
REPUBLIC……………………………………………………………………………..RESPONDENT
JUDGMENT
The Appellants were convicted on their own plea of guilty to the offence of stock theft contrary to Section 278 of the Penal Code, (Cap. 63, Laws of Kenya). The maximum punishment for that offence is 14 years imprisonment. They were sentenced to seven years. They profited from the sale of ten sheep and deserve to be punished. They are however young people, with young families. Under Section 348 of the Criminal Procedure Code, (Cap. 75, Laws ofKenya), they have applied on the ground of sentence only. Learned State Counsel says, the sentence of 7 years was harsh in the circumstances.
In the circumstances and in exercise of the powers vested in this court by Section 354(3)(b) of the Criminal Procedure Code I reduce the sentence of seven (7) years to 3 years on each of the Appellants.
There shall be orders accordingly.
Dated, delivered and signed at Nakuru this 20th day of May, 2010
M. J. ANYARA EMUKULE
JUDGE