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|Case Number:||Criminal Appeal 204 of 2009|
|Parties:||DENIS MUTEMI NZAKYE v REPUBLIC|
|Date Delivered:||13 Apr 2011|
|Court:||High Court at Mombasa|
|Judge(s):||Maureen Akinyi Odero|
|Citation:||DENIS MUTEMI NZAKYE v REPUBLIC  eKLR|
|Case History:||From Original Conviction and Sentence in Criminal Case No.276 of 2009 of the Senior Resident Magistrate’s Court at Mariakani: W.F. Andayi – S.R.M.|
|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 HIGH COURT OF KENYA
CRIMINAL APPEAL NO. 204 OF 2009
The trial court imposed a sentence of 15 years imprisonment on the Appellant. In my view this sentence was both harsh and excessive. The Appellant was a certified first offender. He pleaded ‘guilty’ thereby saving the court from an unnecessary trial. The offence was undoubtedly serious since if the Appellant had succeeded in his plans then great loss and/or injury could have occurred. However in the circumstances the trial court ought to have considered the option of a fine. I do set aside the 15 year sentence imposed by the trial court and instead substitute a term of three (3) years imprisonment to run from the date of first conviction by the trial court.