Peter King’ori Mwangi v Republic

entered the building used as a dwelling house by breaking the padlock and stole one TV set make "AMTECIY" digital black in colour, inverter make solar max, motorbike battery make linger king and power extension make Bab-astra England all valued at ksh.14,000.00 the property of Margaret Wanjiru Njuma. 9. The appellant pleaded guilty to the offence and was sentenced to serve two (2) years in prison. 10. In the case of Okeno V Republic (1972) EA 32, pandya V Republic (1957) E.A 336, Shantialal M Ruwala V R (1957) EA 570. 11. Section 348 of the Criminal Procedure Code provides that no appeal shall lie as of right to the High court, if an accused person has been convicted on a plea of guilt except as to the extent or legality of sentence. 12. In Adan VS R (1973) EA 445 the court established key principles regarding plea taking:i. The charge and all essential ingredients must be explained to the accused in a language they understand. ii. The accused response must be recorded as nearly as possible in their own words. iii. The prosecutor must state the facts and the accused must be allowed to confirm dispute or explain them If the pleas is equivocal the court must enter a not guilty plea. 13. In the instant case the plea was in Kiswahili a language the appellant understood and he stated, "it's true" on the 19.6.2024. 14. On 8/7/2024, the facts were read over to the appellant and the appellant confirmed the same to be true. 15. In sentencing a probation report was requested and the court noted that the same was not favourable and the appellant was given a custodial sentence of two (2) years. 16. Under section 279(b) of the Penal Code which is the penalty section, provides for a sentence of fourteen (14) years. 17. The appellant claims that article 50 (2) (b) and (c) were not followed and adhered to. Under article 50 (2) (b) of the constitution the appellant was adequately informed of the charge and allowed to answer to it. 18. Under article 50 (2)(C) it provides for sufficient time to prepare for a defence but in this case he had already pleaded guilty so the same does not apply. 19. The appellant also raised the defence of insanity. 20. The same is a complete defence under section 12 of the Penal Code. 21. Under section 1 of the Penal Code the burden of proof of insanity lies with the accused person. The appellant has not/did not provide any evidence of mental illness. Analysis and determination: 22. The court notes that the applicant was sentenced to serve 2 years imprisonment on 19.7.24. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/8010/eng@2026-06-09 2

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23. The court has also looked at the nature of the offence. Article 50(2)(q) of the Constitution of Kenya: “ Every accused person has the right to a fair trial, which includes the right if convicted, to appeal to, or apply for review by, a higher Court as prescribed by the law." 24. This court has to satisfy itself of the propriety of the sentence passed to ensure that it is in conformity with the constitutional provisions and whether a probation order under the Probation of Offenders Act or a community service order under the Community Service Orders Act would be more appropriate and beneficial to the offender and the community at large, taking into account the views of the victim of the offence as well as the need to keep prisons decongested of inmates who may not benefit much from short custodial terms or who have sufficiently served a portion of their custodial term thereby satisfying the objective of reformation. 25. This court is aware that sentencing is at the discretion of the trial court and an appellate court should be slow to interfere unless there are factors that warrant such interference. 26. The court has taken note of the fact that the appellant in the supporting affidavit deposed that he is a Kenyan male adult and citizen of sound mind. 27. In arriving at my determination, I have taken into consideration that during his sentencing, a probation report was requested and the court noted that the same was not favourable and the appellant was given a custodial sentence of two (2) years. He has served a substantial term of his sentense. 28. Under section 279(b) of the Penal Code which is the penalty section, provides for a sentence of fourteen (14) years. Order; 1. The appellant shall be released subject to the report of the community service officer of Kahuro Sub-County within Murang'a County. 2. The said officer shall conduct an inquiry into the circumstances of the case and of the offender, the victim, the society and report the findings to the court within 14 days. 3. The matter shall be mentioned on 25.6.26 for further directions. DATED, SIGNED AND DELIVERED VIRTUALLY AT ELDORET THIS 9 TH DAY OF JUNE 2026. ........................... J. CHIGITI (SC) JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/8010/eng@2026-06-09 3

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