Jacob Kipnyango Maiyo v Republic [2020] KEHC 5535 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT KAKAMEGA

MISC. CRIMINAL APPLICATION NO. 122 OF 2017

JACOB KIPNYANGO MAIYO.......PETITIONER

VERSUS

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

SENTENCE

1. On the 30th May, 2019, this court upheld the conviction of the appellant in Counts 1, 2 and 3. Later on 25/2/2020 the court sentenced the appellant in Count 1 but inadvertently failed to sentence him in Counts 2 and 3. The error has now been brought to the attention of the court.The court will now proceed to sentence the appellant in Counts 2 and 3.

2. In Count 2 the appellant was convicted of being in possession of a firearm namely a pistol, without a firearms certificate contrary to Section 4 (2) of Cap 114 Laws of Kenya.In Count 3 he was convicted of being in possession of 13 rounds of ammunition without a certificate contrary to Section 4 (9) of Cap 114. The minimum sentence for possession of a pistol and ammunition as those found with the appellant is 5 years imprisonment.This however may not be a mandatory sentence.I am of the view that a sentence of 5 years is appropriate for the offences.I thereby sentence the appellant to serve 5 years imprisonment on each of Counts 2 and 3. I further direct that the sentences in Counts 1, 2 and 3 shall run concurrently.

Delivered, dated and signed at Kakamega this 29th day of May, 2020.

J. N. NJAGI

JUDGE

In the presence of:

Mr. Mutua for the prosecution

Appellant – present via video link to G.K. Prison, Kakamega

Court Assistant - Polycap

14 days right of appeal.