IN THE COURT OF APPEAL

AT NAIROBI

 [CORAM: OUKO (P), KARANJA & SICHALE, JJ.A]

CRIMINAL APPEAL NO. 11 OF 2017

BETWEEN

KENNETH MAWIRA BUSAKA....................1^ST APPELLANT

FREDRICK OTIENO ODHIAMBO............2^ND APPELLANT

AND

REPUBLIC........................................................RESPONDENT

(Being an appeal from the judgment of the High Court of Kenya at

Nairobi (Achode, J) dated 4^th October, 2012 in HCCRA NO. 427 OF 2010)

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ORDER OF THE COURT

On 19^th 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 11^th  June, 2016 instead of 11^th 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, 11^th 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 9^TH 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