Stephen Wanjala Wamalwa v Republic [2013] KEHC 1371 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT BUNGOMA

CRIMINAL APPEAL CASE NO. 161 OF 2012

[Being an appeal from Original  Sirisia  criminal case No. 507 of 2012)

STEPHEN WANJALA WAMALWA............................. APPELLANT

VERSUS

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

JUDGMENT

The appellant was charged and convicted on his own plea of  guilty of the offence of intentionally destroying police property contrary to section  103 (D) of the National Police Service Act No. 11A of 2011.  He was sentenced   to  a fine of Kshs. 20,000/=, in  default to  serve two (2) years imprisonment.

He filed an appeal against  conviction and sentence.  However while prosecuting his appeal, he opted to proceed with appeal against  sentence only.  He told  this court that for the preiod he has been in prison,he has  learnt and changed  in character. He asked to be pardoned to be able to reunite with his family.

The State,  represented by Ms. Nyamweya counsel, did not oppose the  request on  reduction of the sentence.  She submitted the appellant had served  one year and has learnt  his lesson. He may be  discharged.

The Appellant was handcuffed  while in police custody, destroyed the said handcuff. He was sentenced  on 25th September 2012 and has therefore  served a period of one year of the sentence. The handcuffs (exhibits) were ordered  released back to the O.C.S, Chesikaki police station.  From the record, the prosecution informed the court that the Appellant was a first offender.

I have considered the  submissions  of the Appellant and taken note of his remorse, the response by the State and the nature and circumstances of the  offence committed.  I have also  noted the  Appellant has  already served half  the period of the sentence meted out to him.  The  property in question was returned to the State. I am satisfied that his appeal on the limb of sentence has merit and allow it.  I proceed to set aside the  sentence given by the trial lower court and give a sentenced reduced to the period already served  by the Appellant. He is forthwith set at liberty unless lawfully held for unrelated offences.

JUDGMENT  DATED and DELIVEREDthis  16th day of  October 2013.

A. OMOLLO

JUDGE.