ERASTO OKUDO OKOTH v REPUBLIC [2010] KEHC 3555 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT ELDORET

Criminal Appeal 70 of 2008

(From the original conviction and sentence in CM. Criminal case No.1710 of 2008 by the Principal Magistrate Mr. Njagi)

ERASTO OKUDO OKOTH:…………………..…APPELLANT

VERSUS

REPUBLIC:……………………………….……..RESPONDENT

JUDGMENT

The Appellant herein was charged and convicted on his own plea of guilty in eleven (11) counts of breaking and stealing from a shop. He was sentenced to various terms of imprisonment totaling to 55 years. He appealed praying that the sentence be reduced.

The State concedes the Appeal. A perusal of the judgment clearly shows that the sentences were to run concurrently. That would not lead the Appellant to serve 55 years in prison. Those that computed the term as the Appellant was committed to prison made an error. The conviction stands. Sentences running concurrently would leave the Appellant serving 5 years in prison. I consequently order that he will serve a term of imprisonment of 5 years from the date of conviction and judgment, which is to say from 9th September 2008. Appeal succeeds.

Orders accordingly.

DATED AND DELIVERED AT ELDORET THIS 4TH DAY OF MARCH, 2010.

P.M.MWILU

JUDGE

IN THE PRESENCE OF:-

Paul Ekitela -       Court clerk

Present        -       Appellant

Kabaka       -       State counsel