Benson Ndambuki Nyambura & Kelvin Zicon Oluoch v Republic [2017] KEHC 9416 (KLR)

REPBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KAKAMEGA

CRIMINAL DIVISION

CRIMINAL APPEAL NO.133 OF 2015

BENSON NDAMBUKI NYAMBURA.........1ST APPELLANT

KELVIN ZICON OLUOCH........................2ND APPELLANT

VERSUS

REPUBLIC.....................................................RESPONDENT

(Being an appeal from the original conviction and sentence of Hon. S. Wahome SPM, dated on 17th November, 2015 in Criminal Case No. 2376 of 2015 at Chief Magistrate’s Court Kakamega

J U D G M E N T

1. The appellant BENSON NDAMBUKI NYAMBURA was with other co-accused convicted on his own plea of guilty for the offence of burglary contrary to section 304(2) and stealing contrary to Section 279(b) of the Penal Code.

2. He was sentenced to three years imprisonment. Having regard to his age and the time spent in custody, I am of the view that he has had time to reflect on his Situation.

3. Accordingly I revise the sentence and order that he serves the balance of his sentence under probation.  He is released forthwith unless otherwise lawfully held should he commit any offence he shall be committed to complete the balance of his sentence in person.  This judgment shall apply to Kelvin Zicon Oluoch

D.S. MAJANJA

JUDGE

DATED and DELIVERED at KAKAMEGA this 1st day of September 2017.

D.S. MAJANJA

JUDGE

Appellant in person.

Mr Ng’etich, Senior Prosecution Counsel instructed by the Office of the Director of Public Prosecutions for the respondent.