Rotich v Republic [1983] KECA 64 (KLR)
- Court
- Court of Appeal
- Case number
- 64
- Citation
- [1983] KECA 64 (KLR)
- Decided
- 6 December 1983
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCriminal AppealPostureSecond appeal from the decision of the High Court at KisumuCoramA.R.W. HANCOX, Z.R. CHESONI, H.G. PLATT
Holding
The sentence of seven years' imprisonment with hard labour is substituted for the custodial sentence as expressed by the magistrate.
Facts
The appellant pleaded guilty to the offence of stealing stock and received a sentence of seven years' imprisonment, corporal punishment, and a five-year reporting order.
Issues
- Sentence of corporal punishment reduced from five strokes to one stroke
- Sentence of police supervision order for a first offender
Reasoning
The appellant pleaded guilty to the offence of stealing stock and the sentence was not a matter of law. The sentence should have been imprisonment with hard labour.
Outcome
Appeal dismissed with substitution of sentence and alteration of conviction.
Orders
- Sentence of seven years' imprisonment with hard labour substituted for the custodial sentence
Remedies
- Police supervision order set aside
Authorities cited
Legislation (2)
- Criminal Procedure Code
- Penal Code
Cases cited (1)
- Nashom Marenya v Republic, Criminal Appeal (Nairobi) 123 of 1982
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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