Paul Mukundi Njeru v Republic [2013] KEHC 1852 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT EMBU

CRIMINAL APPEAL NUMBER 109 OF 2012

PAUL MUKUNDI NJERU..........................….............……...…………..APPELLANT

VERSUS

REPUBLIC………………………………............……………………..RESPONDENT

(Being an appeal from the original conviction and sentence in Embu Criminal Case  275 of 2008 by A. A Ingutia S.R.M on 30th October, 2012)

JUDGMENT

When the appeal came up for hearing, the appellant indicated that he did not wish to purse the appeal on conviction.  He stated that he had served a substantial part of his sentence and wished to be released.

Learned counsel for the state, did not oppose this course as the appellant is scheduled for release in six months.

In the circumstances, the appeal is allowed to the extent that the sentence is set aside and substituted for the time served.  The appellant shall however be bonded to keep peace for 6 months.  He shall be released forthwith unless otherwise lawfully held.

D.A.S MAJANJA

JUDGE

17. 10. 2013

Court:

Judgment read and delivered in open court this 17th day of October, 2013

D.A.S MAJANJA

JUDGE

17. 10. 2013

In the presence of

Mr Njogu for state

Appellant

Njue – Court clerk.