Walter Simiyu v Republic [2017] KEHC 4263 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT BUNGOMA

CRIMINAL APPEAL NO. 23 OF 2013

(An appeal from sentence by B. Ombewa (SRM)

in Webuye SPM CrC No. 137 of 2011)

WALTER SIMIYU...............................................APPELLANT

VERSUS

REPUBLIC...................................................RESPONDENT

JUDGMENT

[1].  The appellant WALTER SIMIYU was convicted on his own plea of guilty for the offence of stealing stock C/Sec. 278 P.C. and sentenced to serve 7 years imprisonment.

The charge against him stated that 24th February, 2013 at MATULO village within Bungoma County he jointly with SAMMY SIMIYU stole seven sheep all valued at Kshs.21,000/= the property of MARGARET WANYAMA.

[2]. The appellant admitted the offence whose facts as narrated to the trial court were that the complainant locked her sheep in the boma (pen) and went to sleep on 24/02/2013.  When she woke up the next morning, seven sheep were missing.

Later on a neighbour informed her that some had been arrested and 7 sheep recovered.

[3].  The complainant went to the AP Camp and identified the 7 animals as hers.  She was informed they were recovered from the appellant.

[4].  In mitigation the appellant explained that one MAINA who operated a butchery had requested him for supply of sheep, so he went and stole the animals but was arrested before he could accomplish his undertaking.

[5].  The appellant’s plea is for the sentence to be reviewed saying he has learnt his lesson.  He has served 5 years out of the 7 years.  Mr. Akello on behalf of the state left the matter to the court’s direction.

[6].  The appellant did not benefit from his mischief as the animals were recovered before he could dispose them.

I think the 5 years sentence so far served is sufficient punishment I reduce the sentence by substituting it to the period already served.  Consequently the sentence is set aside and he shall be set at liberty forthwith unless otherwise lawfully held.

Delivered and dated this 13thday ofJuly, 2017 at  Bungoma.

H.A. OMONDI

JUDGE.