Gatwiri v DPP [2023] KEHC 19731 (KLR)

Gatwiri v DPP (Miscellaneous Criminal Application E029 of 2022) [2023] KEHC 19731 (KLR) (6 July 2023) (Ruling)

Neutral citation: [2023] KEHC 19731 (KLR)

Republic of Kenya

In the High Court at Meru

Miscellaneous Criminal Application E029 of 2022

EM Muriithi, J

July 6, 2023

IN THE MATTER OF GITHONGO P.M CR. CASE NO. 1307 OF 2019

Between

Regina Gatwiri

Applicant

and

DPP

Respondent

Ruling

1. Upon hearing counsel for DPP and the counsel of the accused and noting that the money subject of the charge in count 1 has already been refunded to the complainant, and secondly that the sentence of 3 years imposed on by the trial court for a first offender is excessive and further that the sentence of 3 years under count 2 is illegal being in excess of the maximum of 2 years prescribed for a misdemeanor, and the fact that the accused has served 9 months of the sentence, the court revises the sentence to an imprisonment term equivalent to the period already served on both counts 1 and 2 of the charge.

2. Accused shall be released from custody forthwith unless she is otherwise lawfully held.

3. File closed.

DATED AND DELIVERED ON THIS 6TH DAY OF JULY, 2023. EDWARD M. MURIITHIJUDGEAppearanceMs. Maore for Applicant.Mr. Masila for DPP.