Case Metadata |
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| Case Number: | Criminal Appeal 108 of 2004 |
|---|---|
| Parties: | Bernard Lukoye Airo v Republic |
| Date Delivered: | 27 Jul 2005 |
| Case Class: | Criminal |
| Court: | High Court at Nakuru |
| Case Action: | Judgment |
| Judge(s): | Daniel Kiio Musinga |
| Citation: | Bernard Lukoye Airo v Republic [2005] eKLR |
| Advocates: | Mr Gumo Assistant Deputy Prosecutor for the State |
| Parties Profile: | Individual v Government |
| County: | Nakuru |
| Advocates: | Mr Gumo Assistant Deputy Prosecutor for the State |
| Case Summary: | Criminal Law - appeal against sentence of 4 years imprisonment for the offence of breaking and committing a felony Contrary to Section 306(a) of the Penal Code and handling stolen property Contrary to Section 322(2) of the Penal Code - appellant having three other convictions of similar offences which were committed in the same year - appeal dismissed |
| History Advocates: | One party or some parties represented |
| History County: | Baringo |
| Case Outcome: | Allowed |
| Disclaimer: | The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information |
REPUBLIC OF KENYA
(From Original Conviction and Sentence in Criminal case No.2387 of 2003 of the
IN THE HIGH COURT OF KENYA
AT NAKURU
Criminal Appeal 108 of 2004
Senior Magistrate’s Court at Molo)
BERNARD LUKOYE AIRO ………………….. APPELLANT
VERSUS
REPUBLIC ………………………………….. RESPONDENT
JUDGEMENT
The appellant was charged with Hotel breaking and committing a felony Contrary to Section 306(a) of the Penal Code.
He also faced a charge of handling stolen property Contrary to Section 322(2) of the Penal Code. He pleaded guilty and before the sentence was pronounced, the prosecution informed the trial court that the appellant had three other convictions of similar offences which were committed in the same year. He was then sentenced to 4 years imprisonment. He appealed against the sentence and pleaded with the court to reduce the jail term.
Mr. Gumo, Assistant Deputy Public Prosecutor opposed the appeal saying that the trial magistrate exercised his discretion reasonably in sentencing the appellant. I agree with Mr. Gumo entirely. The appeal has no merits, particularly in light of all those other convictions aforesaid. I dismiss the appeal and confirm the sentence that was meted out by the trial court.
DATED, SIGNED & DELIVERED at Nakuru this 27th day of July, 2005.
JUDGE
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