KENNEDY JAKONA NDOLO vs REPUBLIC [2002] KEHC 440 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYAAT MOMBASAAPPELLATE SIDECRMINAL APPEAL NO.274 OF 2001(Being an appeal from Original Conviction and Sentence in Criminal case No.2263 of 2000 of the Snr. Resident Magistrate’s Court at Kwale –L.N. Mbatia, SRM)KENNEDY JAKONA NDOLO …………………………….. APPELLANTVersusREPUBLIC ………………………………………………… RESPONDENTJUDGMENT

The Appellant admitted the offence in his defence in the lower court. He was sentenced to 4 years imprisonment. The offence he is charged with is serious. Considering that he admitted the offence and that he is a first offender the sentence of 4 years is harsh and excessive. He is a young man who has dreams of undertaking studies abroad. He should be given a lenient sentence to enable him to reform. He has been in jail since February 2001.

In my view this court is entitled to review the sentence to give the appellant a sentence which would enable him to start his life afresh. In my view a sentence of 1 ½ years is reasonable in the circumstances. I therefore set aside the sentence of 4 years and substitute the same with one of imprisonment for 1 ½ years from the date of conviction. The State has not given notice of intention to enhance the sentence by including corporal punishment and therefore I shall not deal with that requirement. The appellant shall therefore serve 1 ½ years from the date of conviction.

Appeal is allowed to that extent.

Dated at Mombasa this 11th Day of March, 2002. J. KHAMINWA COMMISSIONER OF ASSIZE