JANE WANJIKU vs REPUBLIC [2002] KEHC 503 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI CRIMINAL APPEAL NO.1147 OF 2001 (From Original Conviction and Sentence in Criminal Case No.2613 of 1999 of the Chief Magistrate’s Court at Nairobi) JANE WANJIKU…………………………………………. APPELLANT VERSUS REPUBLIC……………………………………………… RESPONDENT RULING The appellant in this case dropped her appeal against conviction meted to her by Mrs. Githua a Resident Magistrate in Nairobi wherein she was sentenced to 15 months and 2 ½ years imprisonment on two counts. She has however maintained her appeal on sentence stating that she is sickly and has two children to take care of being a single mother. The state left the issue of sentence to the Court.

I have considered the appellants reasons for wanting the sentence to be reduced. I have noted that the offences for what she was convicted attract a total of 3 years imprisonment and are misdemeanors. A sentence of 2 ½ years imprisonment was therefore quite reasonable but considering that the Appellant is a single mother and is sickly I will reduce the sentence accordingly.

The appellant will therefore serve 15 months imprisonment on each of the two counts. The sentence is therefore reviewed accordingly and will run concurrently .

R.M. MUTITU JUDGE 28/8/2002

Delivered dated and signed in open court in the presence of the appellant and in the presence of Miss Okumu for the state.

R.M. MUTITU JUDGE 29. 8.2002