Case Metadata |
|
| Case Number: | crim app 27 of 02[1] |
|---|---|
| Parties: | MUSA OTIENO GETA vs REPUBLIC |
| Date Delivered: | 16 May 2003 |
| Case Class: | Criminal |
| Court: | High Court at Kisii |
| Case Action: | |
| Judge(s): | Isaac Charles Cheskaki Wambilyangah |
| Citation: | MUSA OTIENO GETA vs REPUBLIC[2003] eKLR |
| History Advocates: | Neither party represented |
| History County: | Baringo |
| Case Outcome: | Allowed |
| 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 |
case No.392 of 2001.)
CRIMINAL APPEAL NO.27 OF 2002
(From original conviction and sentence of the SRM’s court at Oyugis in criminal
case No.392 of 2001.)
MUSA OTIENO GETA ………………………………………………… APPELLANT
The complainant’s stolen goods were undoubtedly recovered from the custody of the appellant. He was thus in recent possession of stolen goods. He did not give an account of how he got unto that possession. Such failure to give an account entitled the court to presume to be the thief or dishonest handler.
So I find that he was properly convicted. The appeal in that regard is thus dismissed.
But since many of the stolen items were recovered I hold that the sentence of 7 years imprisonment imposed on him was manifestly excessive and so I reduce it to 15 months imprisonment.
Dated and delivered on the 16/5/2003.
Please Wait. Searching ...