Republic v Philip Wafubwa [2013] KEHC 1304 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT BUNGOMA

CRIMINAL REVISION CASE NO.  27 OF 2013

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

VERSUS

PHILIP WAFUBWA …......................APPELLANT

ORDER

I have perused the CSO  report which is not favourable as the  home environment  is not conducive  for community rehabilitation.

The inmate  was convicted on a charge of stock theft contrary to section 278 of the Penal Code being theft of   one cow valued at Kshs. 9,000/=. He was sentenced to serve  5 years imprisonment on 1. 7.2011.  I have taken  into account the value of the animal, the  animal was recovered from the appellant while trying to sell it. This means the appellant  did not benefit from his mischief.

In my view, taking into account the value of the animal and the foregoing observation, the appellant has served a period sufficient for   punishment.  However, I will give him time to enable  him complete his  carpentry course he is currently undertaking in prison. I therefore  revise the sentence downwards to  3 years.

ISSUED AT  BUNGOMA  THIS   18TH     DAY OF    OCTOBER     2013

A. OMOLLO

JUDGE.