REPULIC OF KENYA IN THE HIGH COURT OF KENYA AT NAKURU CRIMINAL APPEAL NO.8 OF 2001 (From original conviction and sentence in Criminal Case No.15/2001 of the Senior Resident Magistrate’s Court at NAROK –S. K. KOROS(R.M.) MORIANKA OLE MAKO……………………………APPELLANT VERSUS REPUBLIC……………………………………………RESPONDENT JUDGMENT The Appellant appeals against the sentence imposed against him in Narok SRM’s Court. He had pleaded guilty to a charge of STEALING STOCK contrary to Section 278 of the Penal Code and sentenced to 5 years imprisonment. He had urged the court to review the sentence on grounds he was a first offender, had admitted the charge and was remorseful. The appeal is unopposed. I do agree that the Appellant was treated as a first offender. The cow he stole was recovered. He pleaded guilty and saved the court’s time. He is remorseful for this offence. Even though the sentence of 5 years imprisonment was on the higher side, the sentence imposed did not meet the requirements of Section 278 of the Penal Code. Under that Section, in addition to a term of imprisonment not exceeding 14 years, the offender is liable to corporal punishment. Under provisions of Section 354 of the Criminal Procedure Code, I alter the sentence imposed against the Appellant by reducing the imprisonment to 21/2 years and add 1 stroke of the cane. Appeal succeeds to that extent. Dated and delivered at Nakuru this 18th day of March, 2003. JESSIE LESIIT JUDGE
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