NYUNDO ZUMA BEJA vs REPUBLIC [2003] KEHC 336 (KLR)
- Court
- High Court of Kenya
- Case number
- 336
- Citation
- [2003] KEHC 336 (KLR)
- Decided
- 30 July 2003
The appeal is dismissed. The court finds no reason to interfere with the sentence as the appellant cannot benefit from the point of his age and the nature of the offence is serious.
Facts
The appellant, NYUNDO ZUMA BEJA, was charged with stealing 32 heads of cattle and was convicted on his own plea of guilty. He was sentenced to 8 years imprisonment with 4 strokes of the cane. The court did not read out the charge on Count II, which was an alternative charge.
Issues
- The sentence imposed is harsh.
- The appellant claims he was under age at the time of the offence.
Reasoning
The court assessed the appellant's age as 19 years and found that he could not have been below 18 years at the time of the offence. The court considers the sentence of 8 years imprisonment with 4 strokes of the cane as appropriate given the nature of the offence.
Outcome
Appeal dismissed
Authorities cited
Legislation (1)
- Penal Code
Loading judgment…