ELIZABETH WANJIRU KAMAU vs REPUBLIC [2001] KEHC 336 (KLR)
Full Case Text
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL DIVISION
CRIMINAL APPEAL NO.1375 OF 2000
(From Original Conviction and Sentence in Criminal Case
No.2846 of 1999 of the Chief Magistrate’s Court at Nairobi)
ELIZABETH WANJIRU KAMAU…………………...APPELLANT
VERSUS
REPUBLIC…………………………………………..RESPONDENT
J U D G M E N T
The appellant was convicted on each of the three counts.
I have carefully considered the evidence on record.
It is clear that all three complainants identified the appellant and the Magistrate believed them, with respect, I agree.
The convictions are upheld.
The appellant was released on Presidential amenity.
The appeal is stands dismissed.
Dated and delivered this 8th March, 2002.
V.V. PATEL
JUDGE
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL DIVISION CRIMINAL APPEAL NO.614 OF 2000
(From Original Conviction and Sentence in Criminal Case No.1279 of 1998 of the Chief Magistrate’s Court at Nairobi).
ANN WANJIRU GITAU……………………………..APPELLANT
VERSUS
REPUBLIC…………………………………………RESPONDENT
J U D G M E N T
The appellant (Anne Wanjiru Gitau) and Jared Oraro were convicted of various offences of theft by servant. Jared has not appealed as he accepts the Magistrate’s decision.
Anne, the appellant’s appeal is only against the sentence of 31/2 years imprisonment.
I have considered the appellant’s request for the reduction of the sentence.
I note that Jared and the appellant were jointly charged for the some offences and convicted of them. However, Jared was sentenced to two years imprisonment on each count to run concurrently whereas the appellant, Anne was sentenced to 31/2 years imprisonment on each count to run concurrently. I see no reason for the said disparity. I reduce the sentence of the appellant, Anne Wanjiru Gitau on each of the counts to two years imprisonment to run concurrently. This is to run also concurrently with the other sentence she is serving.
Dated and delivered at Nairobi this 20th day of June 2001.
V.V. PATEL
JUDGE