Lepareiya (alias Stephen Lepiron Kimait) v Republic (Criminal Appeal 77 of 2018) [2022] KEHC 12303 (KLR) (5 May 2022) (Judgment)
Neutral citation:
[2022] KEHC 12303 (KLR)
Republic of Kenya
Criminal Appeal 77 of 2018
HPG Waweru, J
May 5, 2022
Between
Lekira Lepareiya
Appellant
alias Stephen Lepiron Kimait
and
Republic
Respondent
(Appeal from original Sentence in Nanyuki Criminal Case no 1571 of 2017 – W J Gichimu, PM)
Judgment
1.The appellant herein, Lekira Lepareiya (alias Stephen Lepiron Kimait) who was the 2nd accused before the trial court, was convicted in count V of being in possession of ammunition without a valid firearm certificate contrary to section 4(1), (2) and (3)(a) of the Firearms Act, cap 114. It was alleged that on September 26, 2017 at Olenaishu Ranch in Umande area of Laikipia County, he was found with seven (7) rounds of 7.62 mm caliber ammunition without a firearms certificate. He was acquitted of all the other charges in the charge sheet.
2.On October 26, 2018 the appellant was sentenced to seven (7) years imprisonment. Although he appealed against both conviction and sentence, he informed this court on February 22, 2022 that his appeal was against sentence only. He reiterated that stand at the hearing of the appeal on March 21, 2022.
3.I have considered the appellant’s submissions, both written and oral. The essence of those submissions in so far as the sentence is concerned, is that he is seeking forgiveness for the offence. He says he is now an old man at 63 years old, that he had children in school who have since his imprisonment been chased away from school for lack of fees, and that he was the sole breadwinner of his family.
4.Learned counsel for the Respondent on the other hand pointed out that the appellant got the minimum mandatory sentence of seven (7) years imprisonment (the maximum being fifteen years). Counsel further submitted that this court has no reason, or indeed jurisdiction, to interfere with the sentence.
5.The appellant was convicted of an offence under subsection (2) of section 4 of the Act. Subsection (3)(a) of the same section 4 provides –
6.Indeed, “prohibited weapon” as defined in section 2 of the Act includes –(b)any automatic or semi-automatic self-loading military assault rifle of 7.62 mm or 5.56 mm caliber…”The seven rounds of ammunition that the appellant had in his possession without a firearm certificate were of 7.62 mm caliber, obviously for use in a prohibited weapon as defined above.
7.I did not hear the appellant submit that he did not deserve a custodial sentence, and he certainly did given the circumstances of this case. He got the minimum term of imprisonment prescribed by law.
8.I find no merit in the appeal against sentence, and the same is hereby dismissed. It is so ordered.
DATED AND SIGNED AT NANYUKI THIS 4TH DAY OF MAY 2022H P G WAWERUJUDGEDELIVERED AT NANYUKI THIS 5TH DAY OF MAY 2022