Case Metadata |
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Case Number: | Criminal Appeal 11 of 2017 |
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Parties: | Kenneth Mawira Busaka & Fredrick Otieno Odhiambo v Republic |
Date Delivered: | 09 Jul 2021 |
Case Class: | Criminal |
Court: | Court of Appeal at Nairobi |
Case Action: | Order |
Judge(s): | Wanjiru Karanja, Fatuma sichale |
Citation: | Kenneth Mawira Busaka & another v Republic [2021] eKLR |
Case History: | (Being an appeal from the judgment of the High Court of Kenya at Nairobi (Achode, J) dated 4th October, 2012 in HCCRA NO. 427 of 2010) |
Court Division: | Criminal |
County: | Nairobi |
History Docket No: | HCCRA 427 of 2010 |
History Judges: | Lydia Awino Achode |
History County: | Nairobi |
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 |
IN THE COURT OF APPEAL
AT NAIROBI
[CORAM: OUKO (P), KARANJA & SICHALE, JJ.A]
CRIMINAL APPEAL NO. 11 OF 2017
BETWEEN
KENNETH MAWIRA BUSAKA....................1ST APPELLANT
FREDRICK OTIENO ODHIAMBO............2ND APPELLANT
AND
REPUBLIC........................................................RESPONDENT
(Being an appeal from the judgment of the High Court of Kenya at
Nairobi (Achode, J) dated 4th October, 2012 in HCCRA NO. 427 OF 2010)
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ORDER OF THE COURT
On 19th May, 2021, this Court delivered a judgment and reduced the life sentence imposed by T. Ngugi, the then Principal Magistrate, Makadara Law Courts and confirmed by Achode, J, to a term of thirty (30) years imprisonment from the date of conviction.
However, we erroneously gave the date of conviction as 11th June, 2016 instead of 11th June, 2010. This anomaly has been pointed out to us by the Officer in Charge, Kamiti Maximum Prison.
Accordingly, this error is corrected pursuant to Rule 35(1) of this Court’s Rules and we direct that the appellants will serve thirty (30) years imprisonment from the date of Conviction, 11th June, 2010.
This Order is signed by W. Karanja and F. Sichale, JJ.A, Ouko, (P), (as he then was) having been elevated to the position of Supreme Court Judge. (Rule 32(2) of this Court’s Rules.
DATED AND DELIVERED AT NAIROBI THIS 9TH DAY OF JULY, 2021.
W. KARANJA
........................................................
JUDGE OF APPEAL
F. SICHALE
.....................................................
JUDGE OF APPEAL
I certify that this is a true copy of the original.
signed
DEPUTY REGISTRAR