RICHARD CHEPOTIBIN CHEPTIRIN v REPUBLIC [2010] KEHC 1110 (KLR)

REPUBLICOFKENYA

IN THE HIGH COURT OF KENYA AT ELDORET

CRIMINAL APPEAL NO. 114 OF 2007

RICHARD CHEPOTIBIN CHEPTIRIN…………..APPELLANT

VERSUS

REPUBLIC ………………………………………….RESPONDENT

(Being an appeal against Judgment from KabarnetMagistrate’s Court Criminal Case No.169 /2007 delivered by H.M.NYAGA (SRM) on 17th September, 2008)

J U D G M E N T

The appellant was convicted for the offence of defiling an under 14 year old girl and he was sentenced to serve a term of imprisonment of 20 years.He filed the appeal against conviction and sentence but at the hearing he abandoned his appeal against conviction and prayed for a reduction of the term of imprisonment.The state opposed the appeal on sentence.For defiling a child aged 14 years the minimum sentence is twenty years.That is what the accused got.There is no lesser punishment.The appeal against sentence is without merit and it is accordingly dismissed.

DATED SIGNED AND DELIVERED AT ELDORET THIS 21ST DAY OF OCTOBER, 2010.

P.M. MWILU

JUDGE

In the presence of;

Appellant

Kabaka – State Counsel

Andrew Omwenga – Court Clerk

P.M. MWILU

JUDGE