RICHARD MUTURI NDWIGA v REPUBLIC [2008] KEHC 3376 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT EMBU

Criminal Appeal 120 of 2005

RICHARD MUTURI NDWIGA………………..................................................................…...…………..APPELLANT

VERSUS

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

JUDGMENT

The appellant states he does not challenge his conviction however he says the sentence is too harsh and excessive in the circumstances.  The sentence of 5 years imprisonment is harsh for a first and youthful offender.  It does not give him opportunity to reform.  I set the sentence aside and substitute with an unconditioned discharge he has already served a substantial part of imprisonment.  The upshot is that the appeal is allowed to that extent.  The appellant shall be released forthwith unless otherwise held.

Dated this 23rd January, 2008.

J. N. KHAMINWA

JUDGE