Please Wait. Searching ...
|Case Number:||Criminal Appeal 207 of 2008|
|Parties:||GEOFFREY KAMAU KAHUTHU v REPUBLIC|
|Date Delivered:||25 Nov 2009|
|Court:||High Court at Nakuru|
|Judge(s):||David Kenani Maraga|
|Citation:||GEOFFREY KAMAU KAHUTHU v REPUBLIC  eKLR|
Mr. Gumo for the State
|Case History:||(From original conviction and sentence in Criminal Case No. 1267 of 2008 of the Principal Magistrate’s court at Molo – S.M.S. SOITA, PM)|
Mr. Gumo for the State
Criminal practice and procedure-appeal-appeal against sentence-the appellant was convicted on his own plea of guilty to counts of housebreaking and stealing and sentenced to 30 months imprisonment, sentences running concurrently-whether the appeal had merit in the circumstances of the case-Penal Code sections 279 (b), 304 (1)
|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. 1267 of 2008 of the Principal Magistrate’s court at Molo – S.M.S. SOITA, PM)
GEOFFREY KAMAU KAHUTHU……..APPELLANT
GEOFFREY KAMAU KAHUTHU, the appellant, was upon his own plea of guilty to a charge of housebreaking contrary to Section 304(1) and stealing contrary to Section 279(b) of the Penal Code convicted and sentenced to 30 months imprisonment on each limb and the sentences were ordered to ran concurrently. He has appealed against that sentence. Mr. Gumo for the state left the matter of sentence to me.
In his submissions, the appellant contended that he has reformed and prays for the reduction of the sentence. He say he was one of those affected by the post election clashes of last year and as a result of his imprisonment his family is in dire need of help.
I have considered the appellant’s submissions. Given the fact that the stolen radio was recovered and the appellant has served about a half of the sentence imposed upon him I reduce it to a term that will secure his immediate release. The appellant shall therefore be released forthwith unless otherwise lawfully held.
DATED and delivered at Nakuru this 25th day of November, 2009.
D. K. MARAGA