Jevin John Wire v Republic [2019] KEHC 9527 (KLR)
- Court
- High Court of Kenya
- Case number
- 9527
- Citation
- [2019] KEHC 9527 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCriminal AppealPostureFirst Appellate CourtCoramKIARIE WAWERU KIARIE
Holding
The sentence is varied and the appellant is released from prison and committed to probation for a period of three years.
Facts
The appellant, Jevin John Wire, was convicted of stealing one head of cattle valued at Kshs.35,000/= from Mary Awour Omondi on the night of 16th and 17th December 2017 at Nango village, Butula sub-county, Busia County.
Issues
- Whether the sentence of four years imprisonment was manifestly excessive
- Whether the appellant was a student and should have been considered in sentencing
Reasoning
The court found the sentence to be manifestly excessive and varied it, considering the appellant's status as a first offender and the failure to mitigate.
Outcome
Appeal Succeeds
Orders
- Release from prison
- Commitment to probation for three years
Remedies
- Varying the sentence to three years probation
Authorities cited
Legislation (1)
- Penal Code
Cases cited (3)
- Okeno vs. Republic [1972] EA 32
- Ogalo Son of Owuora vs. Republic (1954) 21 EACA 270
- R v Shershewsity (1912) C.CA 28 T.LR 364
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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