Republic v Paul Mithika Minyori [2017] KEHC 2698 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MERU

CRIMINAL CASE NO.70 OF 2017

REPUBLIC ..............................................PROSECUTION

VS

PAUL MITHIKA MINYORI ................................ACCUSED

RULING

The appellant herein was convicted on 12th June 2017 and sentenced to 18 months imprisonment for the offence of assault causing actual body harm after being acquitted for the offence of stealing.

Having listened to the submissions by the appellant and Respondents counsel, the questions the court is asking is why the trial magistrate settled for sentence of 18 months instead of 5 years.

What were the circumstances that led to the appellant being charged with the offence and stealing and assault instead of robbery with violent if the offences were committed against one complainant? What is the relationship between appellant and complainant? Did the trial Magistrate consider that appellant could be admitted to non custodial sentence considering the sentence is less than 3 years? Was a pre-sentence Report called for?

I do find that in consideration of these questions posed in the mind of the court which can only be answered when the trial courts file is awarded – the appellant is entitled to bond pending appeal.  He will be released on bond of Kshs 50,000/- with one surety of similar amount.

Surety to be examined by DR who will explain the surety obligations to the court.

HON. A.ONG’INJO

JUDGE

Orders accordingly.

19/10/2017

Before Adwera – Ong’injo

Penina  - C/A

Mr Ojiambo Advocate for Appellant

Mr Murage for state

Appellant – N/A

HON. A.ONG’INJO

JUDGE

Court

Ruling Delivered, Dated and Signed in court on 19th day of October 2017

HON. A.ONG’INJO

JUDGE

Mr Ojiambo

We seek for further leave to file Petition of appeal.

Order

Leave granted to appellant to file and serve petition within 7 days.

HON. A.ONG’INJO

JUDGE