Case ID:165010

Hassan Ali Lentonto v Republic [2020] eKLR

Case Metadata

Case Number:

Criminal Appeal 122 of 2017

Parties:

Hassan Ali Lentonto v Republic

Date Delivered:

15 Oct 2020

Case Class:

Criminal

Court:

High Court at Nanyuki

Case Action:

Judgment

Judge(s):

Hatari Peter George Waweru

Citation:

Hassan Ali Lentonto v Republic [2020] eKLR

Case History:

(Appeal from original Sentence dated 10/07/2017 in Maralal PM Criminal Case No 495 of 2017 – A Gachie, SRM)

Court Division:

Criminal

County:

Laikipia

History Docket No:

Criminal Case No 495 of 2017

History Magistrate:

Hon. A Gachie - SRM

History County:

Samburu

Case Outcome:

Appeal partially allowed

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT NANYUKI

CRIMINAL APPEAL NO 122 OF 2017

HASSAN ALI LENTONTO...................................................................APPELLANT

VERSUS

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

(Appeal from original Sentence dated 10/07/2017 in Maralal PM

Criminal Case No 495 of 2017 – A Gachie, SRM)

J U D G M E N T

1.

The Appellant herein,

HASSAN ALI LENTONTO

, was on 10/07/2017 convicted upon his own plea of

stealing in a dwelling house

contrary to

section 279(b)

of the

Penal Code

and sentenced to five (5) years imprisonment. He has appealed only against that sentence.

2.

It is apparent from the record of the trial court that the justification for the sentence meted out to the Appellant was the allegation in the particulars of the charge and the facts given that the Appellant had threatened to harm the complainant in the course of the theft. It is to be noted however, that the Appellant could have been charged with robbery in the circumstances; he was not so charged. The trial court should therefore have seen the offence that the Appellant stood convicted of for what it was – that is,

stealing from a dwelling house

, not what he could have been charged with –

robbery

.

3.

In the circumstances, the trial court ended up meting out a sentence that was manifestly harsh and excessive in the circumstances. This court can therefore lawfully interfere.

4.

I will partially allow the appeal against the sentence by setting aside the term of five (5) years imprisonment and substituting therefore four (4) years imprisonment from the date the Appellant was sentenced, that is, 10/07/2017. It is so ordered.

DATED AND SIGNED AT NANYUKI THIS 29

TH

DAY OF SEPTEMBER 2020

H P G WAWERU

JUDGE

DELIVERED AT NANYUKI THIS 15

TH

DAY OF OCTOBER 2020