JOHN MWIKYA TUTA vs REPUBLIC [2002] KEHC 50 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

CRIMINAL DIVISION

CRIMINAL APPEAL NO.968 OF 2001

(From Original Conviction and Sentence in Criminal Case

No.3577 of 1999 of the Senior Principal Magistrate’s Court at

Kibera).

JOHN MWIKYA TUTA……………………………..….…APPELLANT

VERSUS

REPUBLIC………………………………………………RESPONDENT

J U D G M E N T

The appeal is only against the sentence of 6 years imprisonment passed against the appellant on 12/4/2001.

I note that the appellant had no previous conviction and he has now lost his 14 years service and the resultant benefits.

It took the court below to finalise a case so simple as this and the appellant must have gone through mental agony for all that long period.

The sentence is reduced to 4½ years imprisonment.

Dated and delivered at Nairobi this 27th February, 2002.

V.V. PATELJUDGE