Case Metadata |
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| Case Number: | Criminal Appeal 61 of 2004 |
|---|---|
| Parties: | PETER NJICHA v REPUBLIC |
| Date Delivered: | 08 Nov 2005 |
| Case Class: | Criminal |
| Court: | High Court at Malindi |
| Case Action: | Judgment |
| Judge(s): | William Ouko |
| Citation: | PETER NJICHA v REPUBLIC [2005] eKLR |
| Advocates: | Mr.Ogoti State Council for the Republic |
| Court Division: | Criminal |
| Parties Profile: | Individual v Government |
| County: | Kilifi |
| Advocates: | Mr.Ogoti State Council for the Republic |
| Case Summary: | CRIMINAL LAW – stealing - offence of – accused was charged and convicted of the offence after a plea of guilty – appeal against sentence – sentence manifestly harsh – factors the court considers in such applications - Penal Code section 279(b) |
| History Advocates: | One party or some parties represented |
| Case Outcome: | Appeal dismissed |
| Disclaimer: | The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information |
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MALINDI
Criminal Appeal 61 of 2004
(FROM ORIGINAL CONVICTION KILIFI CR.CASE NO. 497 OF 2004 BEFORE C.O.OBULUTSA SRM)
PETER NJICHA………………………………...........................……………APPELLANT
VERSUS
REPUBLIC………………………….........................……………………..RESPONDENT
JUDGMENT
The appellant who was charged jointly with another in the lower with the offence of stealing contrary to Section 279(b) of the Penal Code pleaded guilty and was sentenced to serve 4 years imprisonment.
It is this sentence that he has appealed against. For this court to interfere with that sentence, it has to be shown that the sentence was excessive and/or illegal.
The learned counsel for the respondent submitted that although the stolen item worth Kshs. 10,000/= was never recovered, a sentence of 4 years was rather high.
I have considered the appeal and the above submissions.
An offender under Section 279 (b) is liable to imprisonment for a term of 14 years if found or having pleaded guilty, a four (4) year sentence in the circumstances is not, in my opinion, excessive. It was certainly within the limits provided by the law. I find no basis to interfere with the sentence.
The appeal is dismissed.
Dated and delivered at Malindi this 8th day of November, 2005.
W.OUKO
JUDGE
8th November, 2005
Coram
W. Ouko
Judge
Mr.Ogoti for state appellant – present
CC: Gladys
Judgment delivered.
W.OUKO
JUDGE
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