HASSAN KASSIM vs REPUBLIC [2001] KEHC 264 (KLR)

IN THE HIGH COURT OF KENYA AT MOMBASA APPELLATE SIDE CRIMINAL APPEAL NO.520 OF 2000 (From Original Conviction and Sentence in Criminal Case No.1014 of 2000 of the Chief Magistrate’s Court at Mombasa – R. Ndubi, Esq., - R.M.) HASSAN KASSIM……………………………………………APPELLANT =V E R S U S= REPUBLIC…………………………………………………..RESPONDENT J U D G E M E N T The Appellant was charged with defilement contrary to Section 145(1) of the Penal Code. He was tried, convicted and sentenced to 5 years imprisonment. His Appeal to this court is against sentence only. The Appellant was a first offender and a youth of about 26 years. He is sorry for the offence and looks remorseful and asks this court to exercise leniency on him. In the circumstances, the Appellant merits reduction on the sentence. The sentence is reduced to 3 years imprisonment. Order accordingly. Dated and delivered at Mombasa this 18th day of September, 2001. J.L.A. OSIEMO J U D G E