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|Case Number:||Criminal Appeal 124 of 2009|
|Parties:||GARAMA KAHINDI MZUNGU v REPUBLIC|
|Date Delivered:||06 Oct 2011|
|Court:||High Court at Malindi|
|Judge(s):||Hellen Amolo Omondi|
|Citation:||GARAMA KAHINDI MZUNGU v REPUBLIC eKLR|
|Case History:||From the original conviction and in criminal case no.172 of 2009 of the Senior Resident Magistrate at Malindi Before C.Ocharo RM|
|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|
IN THE HIGH COURT OF KENYA
CRIMINAL APPEAL NO.124 OF 2009
(From the original conviction and in criminal case no.172 of 2009 of the Senior Resident Magistrate at Malindi Before C.Ocharo RM)
Initially appellant denied the charge and three witnesses testified for the prosecution. However later on the appellant changed his plea and admitted the charge. The facts as narrated by the prosecution were that the complainant suspected appellant and two others who have since died, had stolen his four goats. He reported the matter to the village elder and with the help of members of the public, they went to the suspect`s hide out. The suspects led them to the slaughter area where they found the skins and intestines. The members of public became furious and as they were being led to the police station, the mob beat them up seriously.
The police were called and on arrival found the three had been beaten unconscious, they were rushed to hospital where the other two suspects died – appellant was the only survivor and so he was charged. The recovered skin of the slaughtered animals were produced as exhibit 1. The appellant admitted the facts as true.
Appellant filed eight grounds of appeal basically stating he was remorseful and that the sentence imposed was harsh and excessive saying he never intended to steal the alleged goats but it was out of being jobless and the hunger on their family. Basically the appeal is on sentence which he urges this court to review. He filed written submissions in which he simply repeated how remorseful he was.
Delivered and dated this 6th day of October 2011