Patrick Mukonyi v Republic [2019] KEHC 8091 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT ELDORET

CORAM: D. S. MAJANJA J.

CRIMINAL APPEAL NO. 44 OF 2018

BETWEEN

PATRICK MUKONYI...............APPELLANT

AND

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

(Being an appeal against the original conviction and sentence of Hon. M.Wambani, CM dated at 9th February 2017 at the Magistrates Court at Eldoret in Criminal Case No. 6379 of 2016)

JUDGMENT

1. The appellant, PATRICK MUKONYI, was charged and convicted on his own plea of guilty for the offence of house breaking and stealing contrary to section 304 (1) as read with section 279 (1) of the Penal Code (Chapter 63 of the Laws of Kenya). He was sentenced to 4 years’ imprisonment.

2. The appellant appeals against the sentence. I have received the record and note that his co-accused who pleaded not guilty was discharged after the complainant withdrew the charges. I therefore find the time served by the appellant sufficient considering that he pleaded guilty and was a first offender.

3. This appeal is allowed to the extent that the sentence of 4 years’ imprisonment is quashed and substituted with a sentence of time served. The appellant is set free unless otherwise lawfully held under a separate warrant.

DATED and DELIVERED at ELDORET this 25th  day of APRIL 2019.

D.S. MAJANJA

JUDGE

Appellant in person.

Ms Mumu, Prosecution Counsel, instructed by the Director of Public Prosecutions for the respondent.