Levis Jomo Omonyi v Republic [2019] KEHC 302 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT O FKENYA AT KISII

CRIMINAL APPEAL NO.52 OF 2017

LEVIS JOMO OMONYI........................................APPELLANT

VERSUS

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

(From original conviction and sentence in Criminal Case No.3 of 2016 of the Principal Magistrate’s Court at Ogembo. Before CRT Ateya-R.M)

JUDGMENT

1 The appeal in this matter is against sentence.  I have considered the submissions of both the appellant’s counsel and the State’s response. 3 years for assault in the circumstance of this case was excessive.  I therefore allow the appellant’s appeal on a sentence.  The conviction is affirmed. Further the probation report is favorable.  The appellant however did not serve about a year of his custodial sentence after conviction.  The sentence of 3 years is set aside.  He shall therefore serve community service for a period of 3 months.  He is warned to respect his mother –in-law and to leave in peace with his extended family.

2 Right of appeal.

Dated, signed and delivered at Kisii this 31stday ofOctober 2019.

R.E. OUGO

JUDGE

In the Presence;

Appellant    In person

Mr.Otieno  Senior state counsel office of the DPP

Ms. Rael     Court Clerk