Lawrence Ejojat Imo v Republic [2017] KEHC 2322 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT BUSIA

CRIMINAL APPEAL NO. 31 OF 2016

LAWRENCE EJOJAT IMO...................................APPELLANT

VERSUS

REPUBLIC...............................................................  REPUBLIC

(From the original conviction and sentence in Criminal case No. 699 of 2016 of the Chief Magistrate’s Court at Busia by Hon. M. Nanzushi– Senior Resident Magistrate)

JUDGMENT

LAWRENCE EJOJAT IMO,the appellant was convicted for the offence of stealing stock contrary to section 278 of the Penal Code.

The particulars of the offence were that on the night between 24th and 25th March 2016 atKWILAREvillage, NAMBALEsub County ofBUSIA County, he stole one cow valued at Kshs. 40 000/= the property of JERAD OCHANA.

He was sentenced to serve 4 years imprisonment. He has appealed against the sentence.

The appellant was in person. He contended that he was sentenced to the maximum penalty.

The state opposed the appeal through Mr. Owiti, the learned counsel. He argued that the sentence was lenient in the circumstances of the case.

The facts of the prosecution case were briefly as follows:

On 25th March 2015 in the evening the complainant tethered his cow in his compound. Later he went to sleep. At about 4 a.m he discovered that the cow was missing. He alerted his neighbours. The appellant was arrested with it and detained. He pleaded guilty to the offence.

It is not true for the appellant to allege that he was sentenced to the maximum penalty provided by the law. Section 278 of the Penal Code provides as follows:

If the thing stolen is any of the following things, that is to say, a horse, mare, gelding, ass, mule, camel, ostrich, bull, cow, ox, ram, ewe, wether, goat or pig, or the young thereof the offender is liable to imprisonment for a period not exceeding fourteen years.

The maximum penalty for the offence is 14 years. The sentence meted out cannot be termed as harsh.  The appeal is dismissed.

DELIVEREDandSIGNEDatBUSIA this 7thdayof November, 2017

KIARIE WAWERU KIARIE

JUDGE