WEEKENDER: Herdman's heist: Eight counts of stock theft lead to 16-year sentence

A ruling delivered at the High Court of Kenya at Thika upheld the conviction and a cumulative 16-year, five-month sentence for Edwin Otondi Nyandolo, a herdsman found guilty of stealing livestock from eight different complainants in March 2022. 

The appeal, which challenged both the conviction and the severity of the sentence, was dismissed, with the court emphasising the legality and appropriateness of the trial court’s decision.

Nyandolo had been charged with eight counts of stealing stock.

The thefts occurred on March 4, 2022, in Ndarasha area of Thika Location, Juja Sub County, Kiambu County.

The stolen livestock totaled 29 cows and 21 goats, all valued at Ksh. 1,235,000.

Initially, Nyandolo pleaded not guilty. 

However, after six prosecution witnesses testified, he changed his plea to guilty. 

This led to his conviction at a Magistrate’s Court in Thika. Judgment was delivered on March 7, 2024.

Nyandolo was fined or sentenced to imprisonment for each all eight counts.

The total fine imposed was Sh1,235,000, with an alternative prison sentence of sixteen years and five months to be served consecutively.

In his appeal, Nyandolo claimed that his guilty plea was not voluntary or informed.

He argued that the offences were committed simultaneously and should have been treated differently during sentencing. 

He also contended that the consecutive sentences were excessive, that mitigating factors were ignored, and that the total sentence was disproportionate to the crimes committed.

The appeal was opposed by the state, submitting that the conviction was lawful and the sentence appropriate. 

The prosecution maintained that the plea was unequivocal and that the sentence reflected the seriousness of the crimes.

The High Court began its analysis by affirming that under Section 348 of the Criminal Procedure Code, no appeal lies against a conviction on a guilty plea unless the plea was not unequivocal. 

The court reviewed the trial records, noting that Nyandolo initially pleaded not guilty on March 7, 2022. 

After six witnesses testified, he indicated on December 1, 2023, his intention to change his plea.

On February 7, 2024, the charges were read to him in Swahili, a language he understood, and he pleaded guilty to all counts. 

Nyandolo also confirmed the prosecution's facts as correct.

The High Court concluded that Nyandolo’s plea was unequivocal. 

It held that he understood the charges, confirmed the facts, and freely chose to plead guilty. Therefore, the court upheld the conviction.

On sentencing, the court cited Section 278 of the Penal Code, which allows up to 14 years’ imprisonment for stock theft. 

Citing a previous case, the court reiterated that sentencing is at the discretion of the trial court and should only be overturned if the court acted on wrong principles.

The trial court had considered Nyandolo’s mitigation and a Pre-Sentence Report, which revealed that he showed no remorse despite being a first-time offender. 

The High Court found no reason to interfere with the sentence, deeming it both legal and appropriate.

Regarding the consecutive sentences, the court referred to Section 14 of the Criminal Procedure Code and sentencing guidelines. 

It noted that concurrent sentences are typically appropriate when offenses arise from the same incident. 

However, in Nyandolo’s case, the thefts involved eight separate complainants and distinct acts of theft, albeit on the same day. 

The court found that concurrent sentences would inadequately reflect the overall criminality.

It also emphasised that imprisonment in default of fines must run consecutively.

In conclusion, the High Court found no merit in the appeal. 

It upheld both the conviction and the sentence. 

The court, on May 29, 2025, ordered that Nyandolo serve the full sentence as originally imposed by the trial court.