john githinji mwika v republic [2004] KEHC 1516 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAKURU

CRIMINAL APPEAL 194 OF 01

JOHN GITHINJI MWIKA…………………………………….APPELLANT

VERSUS

REPUBLIC…………………………………………………..RESPONDENT

JUDGMENT

From the record, it is apparent that the appellant had initially been charged for the offence of robbery contrary to Sec. 296 (2) of the Penal Code.

However, on conclusion of the trial, the learned Magistrate viz, Mrs. S. Muketi – Senior Resident Magistrate reduced the offence to that of robbery contrary to Sec. 296 (1) of the Penal Code.

Apparently, the appellant has already served almost 3½ years of his sentence. The original sentence was 4 years and 1 stroke of the cane. Due to his sickness, the state has not opposed his appeal on sentence alone. The decision by the learned Senior State Counsel is wise and reasonable.

In view of the above, the Court hereby reduces the sentence to the period that has already been served. Besides the above, the Court hereby sets aside the corporal punishment of 1 stroke of the cane. The appellant should be released forthwith unless lawfully held. MUGA APONDI

JUDGE

Judgment written, read signed and delivered in open Court.

MUGA APONDI

JUDGE

19TH FEBRUARY, 2004