Mwachiti Kaphilinzi v Republic

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MOMBASA CRIMINAL APPEAL NO. 112 OF 2013 MWACHITI KAPHILINZI .......................................................….. APPELLANT VERSUS REPUBLIC ……….……........................................................…RESPONDENT (From original Conviction and Sentence in Criminal Case No. 618 of 2013 of the Principal Magistrate's Court at Kwale – Hon. Aminga - SRM) JUDGMENT MWACHITI KAPHILINZI hereinafter referred to as the Appellant was Convicted and Sentenced to four (4) years imprisonment for the offence of shop breaking contrary to section 304 (1) (b) and stealing contrary to section 279 (B) of the Penal Code. The particulars were that:“On 29th day of May, 2013 at unknown time at Kinango township – Kwale County with others not before the Court broke and entered a building used as a shop of SAID KAJAMBO and stole one Desk top, one digital camera, credit cards, memory cards, Ksh. 185 all of the value of Ksh. 344,085/= the property of SAID KAJAMBO”. The appellant pleaded guilty to the charge and was Convicted on his own plea. His appeal is on Sentence only. It is noted that the Appellant was not treated as a first offender as he had been Convicted in Criminal Case No. 619 of 2013 and Sentenced to eighteen (18) months imprisonment for a similar offence. The offence in which he was Convicted carries a maximum Sentence of fourteen (14) years imprisonment. The Sentence of four (4) years imprisonment meted out on him cannot be said to be harsh and excessive in the circumstances of this case. This appeal has no merit and its disallowed. Judgment delivered dated and signed in open Court this 5th day of March, 2014. ….............. M. MUYA JUDGE

page 1 of 2