Wanjiru v Republic [2023] KEHC 26089 (KLR)

Wanjiru v Republic (Criminal Appeal E017 of 2023) [2023] KEHC 26089 (KLR) (27 November 2023) (Ruling)

Neutral citation: [2023] KEHC 26089 (KLR)

Republic of Kenya

In the High Court at Naivasha

Criminal Appeal E017 of 2023

GL Nzioka, J

November 27, 2023

Between

Joseph Mbugua Wanjiru

Appellant

and

Republic

Respondent

Ruling

1. The appeal herein has been considered in the light of the materials placed before the court. I have particularly taken note of the trial court’s record where the appellant pleaded guilty to the charges and saved court’s time. I also note the value of the subject matter being Kshs 900. I note that, there is no record of previous conviction. He is a first offender. He is a young man aged 20 years. The pre-sentence report filed herein dated 23rd November 2023 is positive.

2. The respondent did not oppose the appeal. Pursuant to the aforesaid, the sentence meted out of ten (10) years is obviously too harsh. I therefore set it aside and order that, the appellant will serve a custodial period of 8 months from the 20th April 2023 to 20th December 2023, and be released to serve further 6 months on Community Service Order at a place to be identified by the Probation Department and six (6) months on Probationary sentence. The Probation Department will have to file a report of successful service of both Community Service Order and Probationary sentence.

It is so ordered.

DATED, DELIVERED AND SIGNED THIS 27TH DAY OF NOVEMBER 2023. GRACE L. NZIOKAJUDGEIn the presence of:-Appellant present virtuallyMr. Ndiema for the respondentMs Ogutu- court assistant