Peter Njoroge Rumba v Republic [2013] KEHC 1826 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT ELDORET

CRIMINAL APPEAL NO. 176 OF 2010

PETER NJOROGE RUMBA  …................................................           APPELLANT

=VERSUS=

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

JUDGEMENT

The appellant, PETER NJOROGE RUMBA, was  convicted for the offence of Burglary contrary to Section  304(2), and Stealing contrary to Section 279 (b) of the Penal Code

He was  then sentenced to seven (7) years imprisonment.  In  his petition of Appeal, the appellant had sought to  challenge both the conviction and sentence.  However, when the appeal came up for hearing, the appellant made  it clear that he was only interested in having the sentence reduced.

Ms. Ruto, learned state counsel, submitted that  the  sentence was lawful.  The offence  of stealing contrary to section 279(b) attracts a sentence of 14 years imprisonment.  Meanwhile,  the offence of Burglary contrary to section 304 (2)  of the Penal Code  attracts a sentence of 10 years imprisonment.

As  the learned trial magistrate handed down a sentence of 7 years imprisonment,  I find  that that was well within the law.

The  appellant has not  demonstrated to this court that there was any basis  for interfering with that sentence.

Accordingly, this appeal is dismissed.

DATED, SIGNED AND DELIVERED AT ELDORET,

THIS 23RD  DAY OF OCTOBER, 2013.

FRED A. OCHIENG

JUDGE.