Fredrick Mwenda v Republic [2018] KEHC 6286 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MERU

CRIMINAL APPEAL NO. 137 OF 2017

CORAM: D.S. MAJANJA J.

BETWEEN

FREDRICK MWENDA ........................................APPELLANT

AND

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

(Being an appeal from the original conviction and sentence of Hon. J.W. Wanganga, RM dated 2nd February 2015 at the Chief Magistrate’s Court at Maua in Criminal Case No. 335 of 2015)

JUDGMENT

1. The appellant FREDRICK MWENDA pleaded guilty to causing grievous harm contrary tosection 234of thePenal Code (Chapter 63 of the Laws of Kenya). He was sentenced to five (5) years imprisonment. At the hearing of this appeal he seeks for the sentence to be reviewed. I have looked at the sentencing notes and the probation report that the trial court relied on and they do not put the appellant to positive light. I am unable to intervene. I however direct the Probation and After Care Services to review this matter and prepare a report for consideration before the Presiding Judge.

2. The appeal is dismissed.

DATED and DELIVERED at MERU this 30th day of May 2018.

D.S. MAJANJA

JUDGE

Appellant in person.

Mr Kiarie, Prosecution Counsel, instructed by the Office of the Director of Public Prosecutions for the respondent.