Case Metadata |
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| Case Number: | Criminal Appeal 16 of 1994 |
|---|---|
| Parties: | Simon Odera Gibiswa & Another v Republic |
| Date Delivered: | 22 Feb 1994 |
| Case Class: | Criminal |
| Court: | Court of Appeal at Nakuru |
| Case Action: | Judgment |
| Judge(s): | Philip Kiptoo Tunoi, Abdul Majid Cockar |
| Citation: | Simon Odera Gibiswa & Another v Republic [1994] eKLR |
| Case History: | (Appeal from an order of the High Court of Kenya at Eldoret (Mr. Justice Aganyanya) dated 30th September, 1992, IN H.C.CR.A. NOS. 192 & 194 OF 1992) |
| History Docket No: | H.C.CR.A. NOS. 192 & 194 OF 1992 |
| History Judges: | Daniel Kennedy Sultani Aganyanya |
| History County: | Nakuru |
| 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 |
1. SIMON ODERA GIBISWA
2. DAVID WAIZAMA KITUTO…………......................................……………………..APPELLANTS
AND
REPUBLIC…………………………………...............................……………………….RESPONDENT
(Appeal from an order of the High Court of Kenya at Eldoret (Mr. Justice Aganyanya) dated 30th September, 1992,
IN
H.C.CR.A. NOS. 192 & 194 OF 1992)
******************************
JUDGMENT OF THE COURT
There is an error of principal in sentencing in this case.
We allow the appeal and reduce the prison sentence to the period already served today and order the appellants to be released forthwith after each receiving a total of two strokes of the cane.
Reasons of our judgment to be given later.
Dated and delivered at Nakuru this 22nd day of February, 1994.
J.M. GACHUHI
……………………..
JUDGE OF APPEAL
A.M. COCKAR
……………………..
JUDGE OF APPEAL
P.K. TUNOI
…………………….
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR
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