NJENGA KINYANJUI v REPUBLIC [2010] KEHC 233 (KLR)

Facts

The appellant was charged with stealing stock and handling stolen goods. He pleaded guilty to three counts and was sentenced to four years for stealing stock and two years for handling stolen goods, to run consecutively. He was also sentenced to two years for failing to attend court, but this was quashed due to illegality.

Issues

1. Legality of the conviction and sentence for failing to attend court
2. Reduction of sentence for stock theft

Reasoning

The court found the conviction for failing to attend court to be illegal due to the harshness of cancelling the bond and charging for non-attendance of a proceeding that had not yet commenced. The court reduced the sentence for stock theft to two years, to run concurrently with the previous sentence.

Outcome

Appeal upheld, conviction and sentence for failing to attend court quashed, sentence for stock theft reduced to two years.

Authorities cited