REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT BUSIA
CRIMINAL APPEAL NO. 34 OF 2016
KENNEDY NYONGESA.......................................APPELLANT
VERSUS
REPUBLIC ..........................................RESPONDENT
(From the original conviction and sentence in criminal case No. 2533 of 2015 of the Chief Magistrate’s Court at Busia by H.N Ndung'u (miss)– Chief Magistrate)
JUDGMENT
The appellant, KENNEDY NYONGESA, was charged with an offence of stealing stock contrary to section 278 of the Penal Code.
The particulars of the offence were that on 10th November 2015 at Madende village, Mungatsi sub location of Busia County, he stole one cow valued at Kshs. 20 000/= the property of JOSEPH OKONGO.
He pleaded guilty to the offence. He was convicted and sentenced to three years imprisonment.
He now appeals against the sentence.
The state opposed the appeal through Mr. Owiti, the learned counsel.
The facts of the prosecution case were briefly as follows:
The complainant is the father of the appellant. Wh…