[2009] KEHC 4162 (KLR)
The court found that the sentence of four years imprisonment was neither harsh nor excessive, as it was well below the statutory maximum of 14 years for stealing from the person under section 279(a) of the Penal Code. The trial magistrate had properly considered the appellant's guilty plea, lack of previous...
Source-derived case information.
- Citation
- [2009] KEHC 4162 (KLR)
- Parties
- Appellant: Wickliff Aliwa Yawala; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 81 of 2008
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed; sentence sustained
- Judges
- JB Ojwang
- Legal Topics
- Stealing From Person, Sentencing Principles, Guilty Plea, Mitigation, First Offender
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Wickliff Aliwa Yawala
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence of four years imprisonment for stealing from the person was harsh and excessive.
- 2 Whether the appellant's guilty plea and status as a first offender warranted a non-custodial sentence.
Ratio Decidendi
The court found that the sentence of four years imprisonment was neither harsh nor excessive, as it was well below the statutory maximum of 14 years for stealing from the person under section 279(a) of the Penal Code. The trial magistrate had properly considered the appellant's guilty plea, lack of previous convictions, and mitigation, including his family responsibilities. The appellate court held that there was no basis to interfere with the sentence, as all relevant factors had been taken into account and the sentence imposed was within the law.
Court Disposition
appeal dismissed; sentence sustained
Orders
- The appeal is dismissed.
- The sentence of four years imprisonment imposed by the trial court is sustained.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
Criminal Appeal 81 of 2008
WICKLIFF ALIWA YAWALA………...…………...…….APPELLANT
-AND-
REPUBLIC ……………………………………………RESPONDENT
(An appeal from sentence delivered by Senior Principal Magistrate Mrs. M.W. Murage on 20th December, 2007)
JUDGMENT
The appellant was charged with stealing from the person contrary to s. 279(a) of the Penal Code (Cap. 63, Laws of Kenya). The particulars were that the appellant, on 17th November, 2007 at Court Yard Ground, Kenyatta International Conference Centre in Nairobi, stole a purse which contained Kshs. 1,200/= being the property of Evaline Vurimu Mnene, from the person of the said Evaline Vurimu Mnene.
On 17th November, 2007 the substance of the charge, and every element thereof was stated to the accused by the Court, in a language that he understands, and he admitted the charge as true. The facts were then read out to the appellant herein, and he admitted the same to be true, whereupon he was found guilty and duly convicted.
The facts were that on the material date, a ceremony was taking place at KICC which was attended by the complainant. The complainant’s pouch was stolen, and a purse inside it, containing Kshs. 1,000/=, was taken. As the suspected thief, being the appellant herein, walked away from the scene, members of the public informed the complainant; and the appellant was then arrested and taken to KICC where he was charged with the commission of the offence.
The learned Magistrate after taking into account the Probation Officer’s report; after treating the appellant herein as a first offender; and after taking into account the appellant’s mitigation statement, committed him to jail for a term of four years.
In his grounds of appeal the appellant stated as follows: he had pleaded guilty in the hope that he would be subjected to a short imprisonment term; he was remorseful, and deeply regretted the loss suffered by the complainant; he had no previous convictions; the sentence imposed was “inordinately harsh and severe”; he be considered for a non-custodial sentence.
In presenting his appeal, the appellant stated that he had considerable family responsibilities, and was alone responsible for care for his mother. He asked for a pardon.
Learned counsel Mr. Murithi contested the appeal, and submitted that the appellant had been subjected to a four-year term of imprisonment when a maximum prison term of 14 years was provided for; such, counsel urged, was a lenient sentence which should be sustained.
I have considered the merits of the appeal, but come to the conclusion that it has none. Consequently, I hereby dismiss the appeal, and sustain the sentence imposed by the trial Court.
Orders accordingly.
DATED and DELIVERED at Nairobi this 20th day of January, 2009.
J.B. OJWANG
JUDGE
Coram: Ojwang, J
Court Clerk: Huka
For the Respondent: Mr. Muriithi
Appellant in person