Hunger earns man jail term for stealing Sh70 worth of maize
Gavel.
A man was sentenced to a three-month jail term by a Kakamega court for stealing maize valued at Sh70.
Meshack Opandiandiati committed the offence at a farm in Ematere village in Kakamega Central sub-County.
He appeared before Senior Resident Magistrate Angeline Odawa where he pleaded guilty to the charges.
The court heard that on the evening of August 12, 2024, Opandiandiati was caught red-handed stealing maize from the farm of Ms Petronila Mwandihi in Ematere village.
The freshly-harvested corn, which had been stolen was estimated to be worth Sh70.
In her ruling, Ms Odawa emphasised the importance of upholding the rule of law, noting that theft, regardless of the amount involved, cannot be condoned.
“Theft is theft, regardless of the amount stolen. The law must be respected,” directed the magistrate.
Mr Opandiandiati was given an alternative fine of Sh10,000 or face the three-month jail term.
Leniency plea
The accused, who appeared visibly distressed, pleaded for leniency in mitigation explaining that he had taken the maize out of desperation to feed himself.
“I did not mean to steal, your honour. I was hungry and had nothing to eat. That is how I ended up plucking the maize for roasting,” he pleaded with the court.
However, the magistrate remained firm, reiterating that while she understands the challenges of poverty, it should not be an excuse for a criminal behaviour.
“We must find better ways to deal with our hardships, but breaking the law cannot be the answer,” she remarked.
In another case, Jacob Wanjala, a resident of Bumamu village in Navakolo, was fined Sh40,000 or serve two years in jail after he was found guilty of defrauding a local woman of Sh6,000.
The incident, which took place on April 4, involved Wanjala deceiving Ms Mutonyi Florence into believing that he was selling her a mobile phone, which in reality was under a loan from D-Light, a fact he deliberately concealed.
The court heard that Wanjala approached Mutonyi with an offer to sell his mobile phone for Sh6,000 with the buyer trusting that the deal was legitimate.
However, it soon became apparent that Wanjala had no intention of transferring ownership of the phone, as it was tied up in a loan agreement with D-Light, a solar energy and financing company.
During the trial, the prosecution presented evidence that Wanjala had knowingly misled Ms Mutonyi, intending to keep the money without fulfilling his end of the bargain as the mobile phone was tied to D-Light loan.
In her ruling, Ms Odawa noted that such fraudulent activities erode trust within communities and cause significant harm to the victims.
In mitigation, the accused pleaded for leniency, claiming that he had been in a difficult financial situation at the time and was desperate for money.
He was given the option of paying a fine of Sh40,000 or serving a jail term of two years.
