VIRIGINIA KALONDU MUSAU vs REPUBLIC [2002] KEHC 482 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT NAIROBI

CRIMINAL DIVISION

CRIMINAL APPEAL NO.14 OF 2001

(From Original Conviction and Sentence in Criminal Case

No.8149 of 2000 of the Senior Principal Magistrate’s Court at

Kibera).

ISMAEL KARUFANI ABEDI………………………….…APPELLANT

VERSUS

REPUBLIC………………………………………………RESPONDENT

ORDER ON REVISION

The appellant admitted that he stole Sh.200/- for which he was charged for theft from person. He had no previous conviction. The sentence is reduced to one year’s imprisonment. The order for 2 strokes stands.

Dated and delivered at Nairobi this 2nd April, 2001.

V.V. PATEL

JUDGE

STEPHEN MUCHIRI CHONGO.…………………….…APPELLANT

VERSUS

REPUBLIC………………………………………………RESPONDENT

ORDER ON REVISION

The conviction is upheld. The sentence is reduced to a period served. The appellant be released forthwith.

Dated and delivered at Nairobi this 12th February, 2001.

V.V. PATEL

JUDGE

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

CRIMINAL DIVISION

CRIMINAL APPEAL NO.13 OF 2001

(From Original Conviction and Sentencein Criminal Case

No.2426 of 2000 of the Senior Principal Magistrate’s Court at

Kiambu).

JOHN MBUTHIA MBUGUA………………………….…APPELLANT

VERSUS

REPUBLIC………………………………………………RESPONDENT

J U D G M E N T

The appellant is only against the sentence of 3 years imprisonment plus 6 strokes. The appellant had a past clear record and was in remand for about 3 months. The sentence is reduced to 2½ years imprisonment plus 2 strokes.

Dated and delivered at Nairobi this 15th day of March, 2002.

V.V. PATEL

JUDGE

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

CRIMINAL DIVISION

CRIMINAL APPEAL NO.968 OF 2001

(From Original Conviction and Sentence in Criminal Case

No.3577 of 1999 of the Senior Principal Magistrate’s Court at

Kibera).

JOHN MWIKYA TUTA……………………………..….…APPELLANT

VERSUS

REPUBLIC………………………………………………RESPONDENT

J U D G M E N T

The appeal is only against the sentence of 6 years imprisonment passed against the appellant on 12/4/2001.

I note that the appellant had no previous conviction and he has now lost his 14 years service and the resultant benefits. It took the court below to finalise a case so simple as this and the appellant must have gone through mental agony for all that long period. The sentence is reduced to 4½ years imprisonment.

Dated and delivered at Nairobi this 27th February, 2002.

V.V. PATEL

JUDGE

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

CRIMINAL DIVISION

CRIMINAL APPEAL NO.673 OF 2001

(From Original Conviction and Sentence in Criminal Case No.11108 of

2001 of the Senior Principal Magistrate’s Court at Makadara).

SANDEEP PRAVIN BHAI PATEL.……………….…APPELLANT

VERSUS

REPUBLIC………………………………………………RESPONDENT

J U D G M E N T

Criminal appeal Nos. 673 of 2001 and 6 of 2002 are consolidated. The appellant was convicted on each of the three counts on his own plus of guilty.

The appeal is only against the sentences passed.

The maximum sentence for the offences on the 1st and 2nd counts is three years imprisonment. They the sentence of 5 years imprisonment passed on the 2nd count is unlawful.

In reducing the sentences I note the appellant’s pleas of guilty. Further that he had no previous conviction. I reduce the sentence on each of the three counts to two years imprisonment to run concurrently.

Dated and delivered at Nairobi this 13th day of February, 2002.

V.V. PATEL

JUDGE