John Nyongesa Kundu v Republic [2013] KEHC 1335 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT BUNGOMA

CRIMINAL APPEAL NO.136 OF 2012

[Arising from  Judgement of Hon. Cherono (SPM) in Webuye SPM's  Court  criminal  case No. 855 of 2011]

JOHN NYONGESA KUNDU................................. APPELLANT

VERSUS

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

JUDGMENT

The Appellant was convicted  of the offence of stealing by agent contrary to  Section 283 (b) of the Penal Code.  He was sentenced  to pay a fine of Kshs. 200,000/=  in default serve  72 months  imprisonment. The  Appellant initially pleaded  not guilty to the offence but later in the course of trial, he changed his  plea to guilty.  His appeal is therefore only sentence.

He pleaded with this court to reconsider the sentence. He felt the sentence was harsh and he is sick. The trial court considered the Appellant's mitigation while passing the sentence.  The Appellant had unlawfully obtained Kshs. 1,440,000/. In the proceedings there was indication of attempt to negotiate the matter, however the record does not show  whether  the Appellant refunded  this money or not.

The law provides for a maximum sentence of 7 years for the offence under  Section 283 (b) of the Penal Code. The Appellant benefitted from the money and the sentence given of 72 months is within the Law.  I find no reason to interfere with it.  It was lenient given the circumstance of the case. In the result  I uphold the decision of the Lower Court as regards sentence. The appeal is hereby dismissed.

Dated and Deliveredin open court this 7th    day of  November 2013.

A. OMOLLO

JUDGE.