Kevin Odira Odongo & another v Republic [2021] KEHC 2245 (KLR)
- Court
- High Court of Kenya
- Case number
- 2245
- Citation
- [2021] KEHC 2245 (KLR)
- Decided
- 15 November 2021
The convictions on both alternative counts to Count 1 are dismissed. The appellants are sentenced to serve five (5) years imprisonment each on the alternative to Count 1 and three (3) years imprisonment on the alternative to Count II, with sentences running consecutively.
Facts
The appellants were charged with burglary and stealing, and handling stolen property. The prosecution alleged that the appellants broke into the dwelling house of Dr. Edward Okoth Obworo and stole several items worth Kshs. 600,000. The appellants were also charged with handling stolen property. The stolen items were recovered from the appellants' houses.
Issues
- Conviction on alternative charges
- Sentence imposed
Reasoning
The court found that the stolen items were recovered from the appellants' houses, and they failed to provide a reasonable explanation for their possession. The court dismissed the appeal on conviction but reduced the sentences.
Outcome
Appeal dismissed with respect to conviction, but sentence reduced.
Orders
- Sentences reduced from seven years to five years for the first appellant and three years for the second appellant.
- Sentences to run consecutively for the first appellant.
Authorities cited
Legislation (1)
- Penal Code
Loading judgment…