Francis Nyangau Makori alias Okamiti v Republic [2018] KEHC 4832 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KISII

CRIMINAL APPEAL NO. 88 OF 2017

FRANCIS NYANGAU MAKORI Alias OKAMITI......................APPELLANT

VERSUS

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

(Appeal from the original conviction and sentence of Hon. S.M Lutta – SPM dated 27th November 2017 at the Chief Magistrate’s Court at Kisii in Criminal Case No. 2037 of 2017)

JUDGMENT

The appellant was charged and convicted on his own plea of guilty for the offence of stealing contrary to section 278 of the Penal Code (Chapter 63 of the Laws of Kenya).  The particulars are that on 16th October 2017 at Gesangero Sub-location, Marani Sub-County within Kisii County he stole a cow valued at Kshs. 20,580/= the property of Linet Nyanchama.

The appellant does not contest the conviction plead leniency.

I have looked at the probation report it is positive that he is remorseful.  The victim is however bitter that the cow was not recovered and prays for compensation.

I have considered the matter and reduce the appellant’s sentence to one (1) year imprisonment from the date of conviction.

Dated and delivered at Kisii this 6thday of August 2018.

D.S MAJANJA

JUDGE

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

Appellant in person.