REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
CRIMINAL APPEAL NO. 16 OF 2011
Shadrack Langat was charged with the offences of stealing stock contrary to Section 278 of the Penal Code and being in possession of offensive weapon contrary to Section 89(1) of the Penal Code. He pleaded guilty, and was convicted on both counts. On the first count he was sentenced to serve 5 years imprisonment and on the 2nd charge he was discharged under Section 35(a) of the Penal Code. Being dissatisfied with the sentence meted on him, he filed this appeal. In his petition of appeal, all that is contained therein is mitigation as to whey the court should reconsider the sentence and be lenient to him.
Mr. Omwega, counsel who appeared for the State opposed the appeal on the grounds that the sentence of 5 years is reasonable in the circumstance. The court considered his mitigation and discharged him in the 2nd count under Section 35(a) of the Penal Code; that Section 278 of the provides for a maximum sentence of 14 years. The appellant having pleaded guilty was only given a sentence of 5 years and was discharged on the 2nd charge. This court notes that Section 35(a) of the Penal Code does not exist. The conditional discharge should have been under Section 35(1) of the Penal Code. So far the appellant has served 3 years upto February 2011. He is left with less than one year if he is granted remission. The appellant stole a bull and heifer. The heifer was recovered. This court will exercise its discretion and sentence the appellant to the term already served. The appeal against sentence is allowed to that extent and he is released from prison forthwith unless otherwise lawfully held.
DATED and DELIVERED this 8th April 2011.
The appellant present – in person.
Mr. Omutelema for he accused.
Kennedy – Court Clerk.