YUSUF MBWALA STENYIA v REPUBLIC [2008] KEHC 2483 (KLR)

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MACHAKOS

Criminal Appeal 42 of 2006

YUSUF MBWALA STENYIA  ……..........….............. APPLICANT

VERSUS

REPUBLIC ……………………………………… RESPONDENT

JUDGMENT ON SENTENCE

1.     I have seen the proceedings in Kajiado SRM’S Criminal Case No. 1612/2006 where the accused was sentenced to serve 1 year in prison on 18/10/2005.  That sentence has not been fully served.

2.      In Kajiado, SRM Criminal Case No.1693/05, he was sentenced to serve 2 years and 7 months for escaping from custody.

3.      Having heard his mitigation, I will reduce all the sentences to the sentence already served.  Let him be released but repatriated forthwith to his country, Tanzania.

4.      Orders accordingly.

Dated and delivered at Machakos this 3rdday of June2008.

ISAAC LENAOLA

JUDGE