Case Metadata |
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| Case Number: | Criminal Appeal 64 of 2008 |
|---|---|
| Parties: | SALIM MWAU v REPUBLIC |
| Date Delivered: | 16 Dec 2008 |
| Case Class: | Criminal |
| Court: | High Court at Machakos |
| Case Action: | Judgment |
| Judge(s): | Isaac Lenaola |
| Citation: | SALIM MWAU v REPUBLIC [2008] eKLR |
| Advocates: | Mr. O’Mirera for the State; Appellant in person |
| Advocates: | Mr. O’Mirera for the State; Appellant in person |
| Case Summary: | Criminal practice and procedure-appeal-appeal against sentence-the appellant was convicted on his own plea of guilty to the offences of housebreaking and stealing and sentenced to 3 years imprisonment-whether the sentence was excessive in the circumstances of the case-whether the appeal had merit-Penal Code section 279 (b), 304 (1) |
| 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 MACHAKOS
Criminal Appeal 64 of 2008
SALIM MWAU ……..………..……………………..………………... APPELLANT
VERSUS
REPUBLIC ….……………………………………………………. RESPONDENT
JUDGMENT
1. The Appellant, Salim Mwau, was charged with the offence of housebreaking contrary to Section 304 (1) and stealing contrary to Section 279 (b) of the Penal Code. He was arraigned before the Kilungu RM’S Court in Cr. Case No.425/2007 on 28/9/2007 and he pleaded guilty to the offence and when a Probation Officer’s report was called for, it was found to have been previously convicted in Cr. Case No. 98/2007 and had breached the terms of Probation. He was then sentenced to serve 3 years in prison.
2. He now appeals against sentence only. My mind is clear that no wrong principle was invoked; no material factor was overlooked neither was the sentence excessive to warrant this court’s interference – See Wanyema vs R (1971) E.A 493. The Appellant has himself pointed out no issue that should sway my mind to being lenient.
3. The Appeal cannot but be dismissed.
4. Orders accordingly.
Dated and delivered at Machakos this 16th day of December 2008.
ISAAC LENAOLA
JUDGE
In Presence of: Mr O’Mirera for Republic
Appellant
ISAAC LENAOLA
JUDGE
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