Case ID:165116

Ngolekou Nanduma v Republic [2020] eKLR

Case Metadata

Case Number:

Criminal Appeal 121 of 2017

Parties:

Ngolekou Nanduma v Republic

Date Delivered:

08 Oct 2020

Case Class:

Criminal

Court:

High Court at Nanyuki

Case Action:

Judgment

Judge(s):

Hatari Peter George Waweru

Citation:

Ngolekou Nanduma v Republic [2020] eKLR

Case History:

(Appeal from original Sentence dated 03/07/2017 in Maralal PM Criminal Case No 490 of 2017 – A Gachie, SRM)

Court Division:

Criminal

County:

Laikipia

History Docket No:

Criminal Case 490 of 2017

History Magistrate:

Hon. A Gachie, SRM)

History County:

Samburu

Case Outcome:

Appeal dismissed

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 121 OF 2017

NGOLEKOU NANDUMA............................APPELLANT

VERSUS

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

(Appeal from original Sentence dated 03/07/2017 in

Maralal PM Criminal Case No 490 of 2017 – A Gachie, SRM)

J U D G M E N T

1.

The Appellant herein,

NGOLEKOU NANDUMA

, was convicted upon his own plea of

stealing stock

contrary to

section 278

of the

Penal Code.

On 03/07/2017 he was sentenced to serve five (5) years imprisonment.

2.

Although the main thrust of the Appellant’s appeal is with regard to the sentence, he has also complained that he did not know what happened during the proceedings before the trial court because, he alleges, he did not then understand Kiswahili, though at the hearing of this appeal he was fully fluent in Kiswahili, which he stated he has learnt while in prison. The Appellant denied that he admitted the charge.

3.

Regarding the sentence, the Appellant argued that the same was unduly harsh and excessive in the circumstances of his case.

4.

Learned public prosecutor supported the conviction and sentence. He pointed out that there was interpretation from

Kiswahili

to

Pokot

(the Appellant’s language), and that the Appellant freely admitted both the charge and the facts narrated by the prosecution. Regarding sentence, learned counsel pointed out that the Appellant got only 5 years out of a possible 14 years, that none of the 21 goats (valued at kshs.110,000/00) stolen were recovered, and that the Appellant was clearly not remorseful, having stated in mitigation only,

“I stole because my goats were also stolen…”.

5.

I have examined the record of the trial court. It shows clearly that there was interpretation into Pokot language by one JANE CHEMATUMO who was sworn before she undertook the interpretation.

6.

The record also shows clearly that the Appellant admitted both the charge and the facts stated by the prosecution. Those facts disclosed the offence charged.

7.

I am satisfied that the Appellant’s plea was free, clear and unequivocal. His conviction is safe.

8.

Regarding the sentence, the Appellant was indeed not remorseful. He stole 21 goats which were never recovered. The sentence meted out was lawful and deserved. The trial court gave its reasons why it so sentenced the Appellant. There is no reason for this court to interfere.

9.

I find no merit in the Appellant’s entire appeal. It is hereby dismissed. 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 8

TH

DAY OF OCTOBER 2020