Case Metadata |
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Case Number: | Criminal Appeal 34 of 2012 |
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Parties: | Nixon Cheruiyot v Republic |
Date Delivered: | 22 Nov 2013 |
Case Class: | Criminal |
Court: | High Court at Kericho |
Case Action: | Judgment |
Judge(s): | Joseph Kiplagat Sergon |
Citation: | Nixon Cheruiyot v Republic [2013] eKLR |
Case History: | (Being an appeal from the conviction and sentence made by the learned Senior Resident magistrate at Sotik court (Hon. M Okuche) in Sotik Senior Resident Magistrate's court criminal case No.1500 of 2012 on 15/05/2012) |
Court Division: | Criminal |
County: | Kericho |
History Docket No: | 1500 of 2012 |
History Magistrate: | M Okuche - SRM |
History County: | Bomet |
Case Outcome: | Appeal on Sentence 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 |
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KERICHO
CRIMINAL APPEAL NO. 34 OF 2012
NIXON CHERUIYOT..............................................APPELLANT
VERSUS
REPUBLIC..........................................................RESPONDENT
(Being an appeal from the conviction and sentence made by the learned Senior Resident magistrate at Sotik court (Hon. M Okuche) in Sotik Senior Resident Magistrate's court criminal case No.1500 of 2012 on 15/05/2012)
JUDGMENT
NIXON CHERUIYOT, the appellant herein was convicted on his own plea of guilty for the offence of robbery contrary to Section 296 (1) of the Penal Code. The particulars of the offence, are that on 13/05/2012, at Cheboin Location in Bureti District within the Rift Valley Province robbed Geoffrey Kiprono Ng'eno of Kshs.20,450 and at the time of the robbery used actual violence to the said Geoffrey Kiprono Ng'eno. The appellant was thereafter sentenced to seven (7) years imprisonment. Being dissatisfied, the appellant filed this appeal in which he put forward the following grounds in his memorandum of appeal through the firm of Kipkorir Tele & Kitur Advocates:
When the appeal came up for hearing, Mr. Mutai learned Senior Principal Prosecuting Counsel urged this court to dismiss the appeal on the basis that the sentence meted out is neither harsh nor excessive. The appellant had initially sought to challenge both the conviction and sentence. But he abandoned the appeal against the conviction when he appeared for hearing. Therefore, the question before me is whether the sentence of seven (7) years imprisonment is harsh and excessive? The record shows that the appellant was sentenced to seven years (7) imprisonment. Before pronouncing the sentence, the record shows the trial Magistrate considered appellant's Mitigation but noted that the offence is serious. The appellant is said to be a first offender. The maximum sentence prescribed by law for such an offence is 14 years. I think a sentence of seven years (7) for a first offender who pleaded guilty and who is remorseful is abit high. I am minded in the circumstances of this appeal to interfere with the order on sentence. Consequently, I set aside the sentence of seven years and substitute it with a sentence of five years. The sentence to run from the date of sentence by the trial court.
Dated, Signed and delivered this 22nd day of November, 2013
J.K.SERGON
JUDGE
In open court in the presence of:
Appellant in person
In the absence of Director of Public Prosecution but with Notice
Mr. Korir- Court clerk