Shadrack Kipngetich Marindany v Republic [2016] KEHC 7022 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT

AT KERICHO

CRIMINAL APPEAL NO.89 OF 2012

SHADRACK KIPNGETICH MARINDANY...............APPELLANT

VERSUS

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

(Being appeal against the Conviction and Sentence by the p[rin cip[al Magistrate Hon. J. Ndururi

at Kericho Chief Magistrate's Court in Sexual Offences No.63 of 2011)

SENTENCE

-   In its Judgment delivered on 9th December, 2015,  this court allowed the appeal     against sentence and did set aside the sentence.

-    Before substitution, a social inquiry report was called for and the same has now been filed.

-    The report is favourable to the appellant, who is now aged over 18 years.

ORDER:

i. The sentence of life imprisonment which was set aside is now substituted with a sentence of three (3) years imprisonment on probation.  The conditions are explained.

ii. The appellant to report to the Probation Office.

Delivered, Signed and Dated at Kericho this 10th day of  February, 2016.

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H. I. ONG'UDI

JUDGE

In the presence of:  M/s Keli for State, Appellant and Hillary/Cheruyoit as Court Assistants.

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H. I. ONG'UDI

JUDGE