SALIM FURIA SHETI vs REPUBLIC [2002] KEHC 472 (KLR)
- Court
- High Court of Kenya
- Case number
- 472
- Citation
- [2002] KEHC 472 (KLR)
The sentence is reduced to 7 months, and the appellant is released from prison. He is required to compensate the owner of the goat with one goat within 7 days after his release. If he defaults, he will be arrested and ordered to serve the remaining part of the sentence.
Facts
The appellant, Salim Furia Sheti, was convicted of wounding a goat and sentenced to 2 years imprisonment. The goat belonged to the owner of the shamba, and the goats entered the shamba. Provocation came from the owner of the goats.
Issues
- Whether the sentence of 2 years imprisonment is appropriate given the appellant's age and the mitigating factors
- Whether the sentence should be reduced to 7 months and if so, whether the appellant should be required to compensate the owner with a goat
Reasoning
The court considered the mitigating factors, including the appellant's age and the provocation from the owner of the goats. The court found that the sentence of 7 months is adequate and reduced the sentence accordingly.
Outcome
Appeal upheld, sentence reduced
Orders
- The appellant is released from prison
- The appellant is required to compensate the owner of the goat with one goat within 7 days after his release
- If the appellant defaults, he will be arrested and ordered to serve the remaining part of the sentence
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