Douglas Mokua & Kevin Onserio v Republic [2020] KEHC 213 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KISII

CRIMINAL APPEAL NO. 45 OF 2019

CONSOLIDATED WITH CRIMINAL APPEAL NO. 83 OF 2019

DOUGLAS MOKUA......................................................1ST APPELLANT

KEVIN ONSERIO.........................................................2ND APPELLANT

VERSUS

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

(Appeal from the original conviction and sentence in Criminal Case No.s 783 of 2019 and 784 of 2019 respectively, of the Kilgoris Principal Magistrate’s Court)

RULING

I have considered the pleas by the appellants on sentence.  I have considered their ages and the fact that they have served more than half of the 4 years imprisonment imposed.  I have had due regard to the probation reports filed in respect of each of the appellants.

In the circumstances of this case, I am satisfied that a proper basis is laid to disturb the sentence meted out by the trial court.  I set aside the sentence of 4 years and substitute it thereof with sentences under community service for each of the accused to be served as follows;

1. The 1st appellant to serve community service for one (1) year at Mesabisabi Chief’s Camp in respect of criminal case number 783 of 2017 and to serve a further six (6) months under community service at the same station in respect of criminal case number 784 of 2017.

2. The 2nd appellant to serve one (1) years community service at Gesare Primary School in respect of criminal case number 783 of 2017 and a further six (6) moths in respect of criminal case number 784 of 2017 in the same station.

Dated and delivered at Kisii this 13th  day of February 2020.

A.K NDUNG’U

JUDGE

Mr. Otieno, Senior Prosecution Counsel, instructed by Office of Director of Prosecutions.

Appellants in person