MESHACK ROY GALO vs REPUBLIC [2001] KEHC 367 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

CRIMINAL DIVISION

CRIMINAL APPEAL NO.360 OF 2000

(From Original Conviction and Sentence in Criminal Case 323 of 2000 of the Senior Magistrate’s Court at Nairobi:

MESHACK ROY GALO...............................................APPELLANT VERSUS REPUBLIC.................................................................RESPONDENT

JUDGMENT

The appeal is only against the sentence. The appellant admits that he committed the two offences of the corruption as stated in the charge. We have considered the issue of the sentence and the pleas in mitigation so very ably and enthusiastically advanced by Mr. Kinuthia, the learned advocate for the appellant. The appellant has been in the civil service for the past over 26 years and now losses the said job and the resultant benefits as a result of the offences committed by him. The appellant is about 47 years old with a clean past previous record. We further note that the appellant has been in prison since last about eleven months. It is our considered view that the appellant has had his punishment by now for what he did. ORDER: The sentence on each of the two counts is reduced to a period served. We order that the appellant be released forthwith. Dated and delivered at Nairobi this 22nd day of February, 2001. V.V. PATEL JUDGE J.L.A. OSIEMO JUDGE