PAUL KIPROP KORIR v REPUBLIC [2010] KEHC 2376 (KLR)

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA OF KISII Criminal Appeal 100 of 2009

BETWEEN

PAUL KIPROP KORIR ……………………....................................…. APPELLANT

VERSUS

REPUBLIC ……………………………….................................................... RESPONDENT

(Being an appeal from original conviction and sentence of the SRM’s court at Kilgoris in

criminal case No. 871 of 2006 - W.N. Kaberia, RM)

JUDGMENT

The appellant was charged with stealing stock contrary tosection 278of thePenal Code.The particulars of the offence were that on the night of 21st and 22nd October 2006 at Mophir village in Transmara District of theRiftValleyProvincejointly with another stole 10 heads of cattle valued at Kshs. 60,000/= the property ofDaniel Ole Kiramba.

The appellant was tried, convicted and sentenced to five years’ imprisonment.

Being aggrieved by the said conviction and sentence, the

appellant preferred an appeal to this court.He stated that there

was insufficient evidence to warrant a conviction.

The prosecution evidence briefly stated was as hereunder:

Daniel Ole Kiramba, PW2,testified that when he woke up on the morning of22nd October 2006, he realized that his ten cows had been stolen.Together with another people they followed the foot prints up to a place known as Kapalecho.They did not find the animals and returned back home.On the following day they continued with the search.They went to Itembe market in Bomet District where they found the animals with the appellant and one other person known asWesley Kiplangat Cheruiyotwho was the appellant’s co-accused before the trial court.PW2 was withBernard Kiplangat Arap Koech, PW3who is an Assistant Chief andInspector Alexander Njagi, PW4.

The evidence of PW2 was well corroborated by that of PW3 and PW4.

In his statement of defence, the appellant testified that on23rd October 2006he went to sell his father’s cattle at Chepuony market.After he sold the cattle he boarded a vehicle to go back home.On the way the vehicle broke down and so he decided to alight and walk home.

At around9. 00 p.m.on his way home he was stopped by three people who assaulted him.He lost consciousness and when he regained it three days later, he found himself at a police cell in Bomet.He denied having committed the offence.

Photographs of the recovered animals were produced before the trial court byPolice Constable Charles Rotich, PW1. The evidence of PW2, PW3 and PW4 was clear and consistent that the stolen animals were recovered from the appellant and his accomplice.They did not give any satisfactory explanation as to how they came to be in possession of the stolen animals.

In the circumstances, I am satisfied that the appellant’s conviction was warranted.The sentence that was handed down is not harsh, considering the number of animals that had been stolen.This appeal lacks merit and it is dismissed in its entirety.

DATED, SIGNED AND DELIVERED AT KISII THIS 22ND DAY OF MARCH, 2010.

D. MUSINGA

JUDGE.

22/3/2010

Before D. Musinga, J.

Mobisa – cc

Mr. Mutai for the Respondent

Appellant present

Court:Judgment delivered in open court on22nd March, 2010.

D. MUSINGA

JUDGE.