Rashid Mwandalu v Republic [2014] KEHC 2790 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT MOMBASA

CRIMINAL APPEAL NO. 180 OF 2012

RASHID MWANDALU .......................................................….. APPELLANT

VERSUS

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

(From original Conviction and Sentence in Criminal Case No. 347 of 2011 of the Principal Magistrate's Court at Voi – Hon. Nyakundi- SRM)

JUDGMENT

RASHID MWANDALU hereinafter referred to as the Appellant was Convicted and Sentenced to five (5) years imprisonment for the offence of stealing stock contrary to section 278 of the Penal Code.

The particulars being that:-

“On the 2nd day of November, 2009 at Gora Village Samburu -Kwale County, jointly with others not before the Court he stole four (4) heads of cattle of the value of Ksh. 140,000/= the property of SALIM CHINYAWA KAZUNGU”.

The Appellant initially had filed six (6) grounds of appeal but he abandoned his appeal on Conviction  and decided to proceed with that of severity of Sentence.

The appellant  was Convicted for the offence of stealing stock contrary to section 278 of the Penal Code which provides for an imprisonment term not exceeding fourteen (14) years. He was Sentenced to five (5) years imprisonment.

The stolen heads of cattle (4 bulls) were recovered in his homestead. They were clearly identified by the complainant as his heads of cattle.

In the circumstances  of this case I do not think that the Sentence of five (5) years imprisonment was harsh neither is it excessive as the maximum provided for is fourteen (14) years.

This  appeal  has no merit and its disallowed.

Judgment delivered dated and signed this 30thday of September, 2014.

….................

M.  MUYA

JUDGE

30TH SEPTEMBER, 2014

In the presence of:-

Learned Counsel for the State Mr. Jami

The appellant in person

Court clerk Musundi