Martin Bundi Thuraiya & another v Republic [2021] KEHC 2090 (KLR)
- Court
- High Court of Kenya
- Case number
- 2090
- Citation
- [2021] KEHC 2090 (KLR)
- Decided
- 18 November 2021
The charge of malicious damage to property is established, and the appellants are lawfully convicted. The order of suspension of sentence is set aside, and the order of compensation is also set aside.
Facts
Martin Bundi Thuraiya and John Kinyua were charged with malicious damage to property. The prosecution alleged that the appellants cut down trees on land belonging to the complainant, Julius Mwirigi Muthoi, causing damage to tea bushes and eucalyptus trees.
Issues
- Establishment of the charge of malicious damage to property
- Legal validity of the sentence and its suspension
- Compensation awarded by the trial court
Reasoning
The court re-evaluated the evidence and found the charge of malicious damage to property established. The sentence was suspended beyond the two-year limit, making it illegal. The compensation order is set aside and will be dealt with in a civil suit.
Outcome
The appellants are ordered to serve a three-year imprisonment term.
Orders
- Order of suspension of sentence set aside
- Order of compensation set aside
Remedies
- Three-year imprisonment term
Authorities cited
Legislation (3)
- Section 339(1) of the Penal Code
- Section 15 of the Criminal Procedure Code
- Section 175 of the Criminal Procedure Code
Cases cited (2)
- Kahuhu Wang'ang'a vs Republic [2002] eKLR
- Collins Akoyo Okemba & 2 Others vs Republic [2014] eKLR
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