DAVID MUTUA BONDO vs REPUBLIC [2002] KEHC 363 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

CRIMINAL DIVISION

CRIMINAL APPEAL NO.818 OF 2001

(From Original Conviction and Sentence in Criminal Case No.2466 of 2000

of the Chief Magistrate’s Court at Nairobi)

DAVID MUTUA BONDO……………………………………APPELLANT VERSUS REPUBLIC………………………………………………….RESPONDENT

CONSOLIDATED WITH

CRIMINAL APPEAL NO. 825 OF 2001

KARIUKI WAITHAKA…………………………………….. APPELLANT VERSUS REPUBLIC…………………………………………………RESPONDENT J U D G M E N T

Criminal appeal Nos. 818 and 825 of 2001 are consolidated.

The appeals are only against the sentences. Both appellants, jointly with others robbed the complainant of cash Shs.1,500/= plus his Identical Card on 21/10/2000.

In considering the sentences I note that the appellants were in remand for about 9 months before the trial ended on 19/7/2001 and the sentences were passed.

Both were first offenders.

There is no remission for robbery sentence.

I reduce the sentence against each of the two appellants to 2 years and 3 months imprisonment plus 2 strokes each.

V.V. PATEL JUDGE 8/3/2002