Danson Irungu Maina v Republic [2013] KEHC 1489 (KLR)

REPUBLICOF KENYA

IN THE HIGH COURT OF KENYA AT KERUGOYA

CRIMINAL APPEAL NO.  86  OF 2012

DANSON IRUNGU MAINA........................................................... APPELLANT

VERSUS

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

(APPEAL ARISING FROM THE JUDGMENT OF THE PRINCIPAL MAGISTRATE’S COURT AT BARICHO  (S. JALANGO –  R.M) IN CRIMINAL CASE NO. 644 OF 2011  DELIVERED ON   9TH NOVEMBER 2012)

JUDGMENT

The appellant was convicted on 9th November 2012 for the offence of malicious damage to property.   It was alleged that on the night of 17th and 18th June 2012 at Kibiru area in Kirinyaga West District, he willfully and unlawfully damages road guard rails.The value of the road guard rails was not indicated  but he was sentenced to four (4) years imprisonment.

He has filed an appeal against conviction and sentence but during the appeal, he conceded the conviction and urged me to reduce the sentence. The State was willing to accept a reduction.

The record shows that appellant was a first offender. The value of the damaged property was not indicated only that it was road guard rails.

The sentence is accordingly reduced to two (2) years imprisonment from the date of his conviction.

B.N. OLAO

JUDGE

18TH OCTOBER, 2013

Judgment delivered this 18th day of October, 2013.

Mr. Omayo for State present

Mr. Muriithi Court clerk present

Appellant present.

B.N. OLAO

JUDGE

18TH OCTOBER, 2013