Sinene Loitoo v Republic [2014] KEHC 5691 (KLR)

231/2014

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MACHAKOS

CRIMINAL APPEAL NO. 133  “C” OF 2009

SINENE LOITOO................................................................APPELLANT

VERSUS

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

(Being an appeal from the original conviction and sentence in  Kitui Principal Magistrate’s Court Criminal Case No.  741 of 2009 by Hon. W.N. Kaberia, SRM on  8/7/2009)

JUDGMENT

The appellant, Sinene Loitoo was charged with the offence of defilement of a girl contrary to Section 8(3) of the Sexual Offences Act, 2006.  He was sentenced to serve20 years imprisonment.

Being dissatisfied by the conviction and sentence thereof he lodged an appeal.  However when the case come up for hearing he abandoned the appeal against the conviction and mitigated on sentence.  His grounds of mitigation were as follows:-

That he is remorseful and he promised not to engage in criminal activities.

That he had participated in the theological studies, peer education, guiding and counselling and vocational training courses hence rehabilitated.

Thathe promises to be a role model and to participate in national guiding.

The appeal was opposed by the State. Having been sentenced to the minimum prescribed sentence for the offence provided by the provision of Law I have no reason to interfere with it.  I therefore affirm the sentence imposed.  The appeal is dismissed.

DATED, DELIVERED and SIGNEDthis 23RDday of MARCH,2014.

L.N. MUTENDE

JUDGE