Kichokola v Republic [2022] KEHC 16104 (KLR)

Kichokola v Republic (Criminal Appeal 19 of 2020) [2022] KEHC 16104 (KLR) (11 November 2022) (Judgment)

Neutral citation: [2022] KEHC 16104 (KLR)

Republic of Kenya

In the High Court at Voi

Criminal Appeal 19 of 2020

A. Ong’injo, J

November 11, 2022

Between

Stephen Kichokola

Appellant

and

Republic

Respondent

Judgment

1. The appellant was convicted and sentenced to serve 5 years jail term for an offence of defilement contrary to section 8(1) as read with sections 8(4) of the Sexual Offences Act on October 3, 2019 where the trial magistrate observed that the appellant appeared to be a young man who was caught up in a Romeo and Juliet kind of scenario.

2. The appellant filed appeal herein against conviction and sentence. However on November 10, 2022 when matter came up for directions on how the appeal could be disposed, the appellant abandoned appeal and requested that the court considers his pre trial detention in the sentence.

3. I have looked at the trial record and established that the appellant was arraigned in court on March 7, 2019 and was sentenced on October 3, 2019 and that he remained in custody throughout the trial period and is therefore entitled to benefit under section 333(2) of the Criminal Procedure Code. The sentence of 5 years will take effect from March 7, 2019. The appeal is abandoned and file closed forthwith.

HON. A. ONG’INJO – JUDGE11. 11. 2022Before; Hon Adheera Ong’injo JudgeOtolo – Court AssistantAppellant – present in personMwakireti for RespondentCourtJudgment delivered, dated and signed in court.HON. A. ONG’INJO – JUDGE11. 11. 2022