Case Metadata |
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| Case Number: | Revision 14 of 2013 |
|---|---|
| Parties: | Philemona A. Mukhaya v Republic |
| Date Delivered: | 09 Oct 2013 |
| Case Class: | Criminal |
| Court: | High Court at Kakamega |
| Case Action: | Revision |
| Judge(s): | Said Juma Chitembwe |
| Citation: | Philemona A. Mukhaya v Republic [2013] eKLR |
| Case History: | Revision Arising From The Decision Of [S.N. Mwangi] Dated 13.9.2013 In The Vihiga Senior Principal Magistrate’s Court In Criminal Case No. 813 Of 2013 |
| Court Division: | Criminal |
| County: | Kakamega |
| History Docket No: | Criminal Case 813 of 2013 |
| History Magistrate: | S.N. Mwangi |
| History Advocates: | One party or some parties represented |
| History County: | Vihiga |
| Case Outcome: | Application for review 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 |
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KAKAMEGA
REVISION NO. 14 OF 2013
(Revision arising from the decision of [S.N. MWANGI]
dated 13.9.2013 in the Vihiga Senior Principal
Magistrate’s Court in Criminal Case No. 813 of 2013)
PHILEMONA A. MUKHAYA ………………….………………………………. APPLICANT
V E R S U S
REPUBLIC ……………………………………..………………………………… RESPONDENT
RULING ON REVISION
The applicant was charged with the offence of burglary contrary to section 304(1) and stealing contrary to section 279(b) of the Penal Code. The particulars of the offence were that the applicant and one Jackton Buluku on the night of 19th August 2013at Ebusiloli village in Vihiga District within the Western Province jointly broke and entered the dwelling house of ROMONA CALEB STIAMBARE with intent to steal therein and did steal from therein one turkey, seven hens the property of the said ROMONA CALEB STIAMBARE the said valued at KShs.10,200/=.
The applicant pleaded guilty and was sentenced to serve 2 year’s imprisonment without an option of a fine. The case against his co-accused proceeded but was later withdrawn by the complainant. The matter was brought for review as the trial court only convicted the applicant on the 1st limb of stealing of stealing but seems to have forgotten the 2nd limb. The charge shows that the item stolen was a turkey and 7 hens valued at KShs.10,200/=. The applicant was sentenced on the 21.8.2013 and has been in prison since that time. I do hereby review the sentence to 3 months imprisonment for the count of burglary and 3 months imprisonment for the count of stealing. The alternative charge of handling stolen goods contrary to section 322(1) of the Penal Code was just an alternative and the conviction on the main count is sufficient. The sentence of the trial court is therefore reviewed to 3 months imprisonment for both limbs of the charge and the sentence shall run concurrently.
Delivered, dated and signed at Kakamega this 9th day of October 2013
SAID J. CHIEMBWE
J U D G E
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