EDWIN ONG’AMO MAHOA vs REPUBLIC [1998] KEHC 145 (KLR)

IN THE HIGH COURT OF KENYA AT NAIROBI APPELLATE SIDE CRIMINAL APPEAL NO.722 OF 1998 (From Original Conviction and Sentence in Criminal Case No.4627 of 1998 of the Principal Magistrate’s Court at Kibera: J.W. Ondieki (Mrs.))

EDWIN ONG’AMO MAHOA...............................APPELLANT

-Versus-REPUBLIC.............................................................RESPONDENT

Coram:  Osiemo J. Mr. Masinde for the appellant Mr. Gikonyo -State Counsel for the State Mr. Onduma  -Court Clerk

JUDGMENT

The appellant was charged with the offence of house-breaking and stealing contrary to sections 304 (1) and 279 (b) of the Penal Code. He pleaded guilty, was convicted and sentenced to 2 years imprisonment. His appeal to this court is against sentence only. Counsel for the appellant submitted that the appellant is 18 years old and a form 3 student at Muhila Secondary School in Western Province which fact was not brought to the trial magistrate. In view of the fact that the appellant is a student and barely 18 years old, the learned state counsel does not oppose the appeal.

I allow the appeal and reduce the sentence to the period already served I order that the appellant be set at liberty forthwith unless held for any other lawful cause.

Delivered and dated at Nairobi this 9th day of July, 1998. J.L.A. OSIEMO JUDGE