keca-2022-01259

Okumu v Republic (Criminal Appeal 134 of 2017) [2022] KECA 1259 (KLR) (8 November 2022) (Order) Neutral citation: [2022] KECA 1259 (KLR) REPUBLIC OF KENYA IN THE COURT OF APPEAL AT KISUMU CRIMINAL APPEAL 134 OF 2017 PO KIAGE, F TUIYOTT & JM NGUGI, JJA NOVEMBER 8, 2022 BETWEEN JOSEPHAT OKUMU ............................................................................... APPELLANT AND REPUBLIC ............................................................................................ RESPONDENT (Appeal from the Judgment of the High Court of Kenya at Kisii (R.N. Sitati, J) Dated 21st May, 2012 in HCCRA No. 92 of 2011) ORDER 1. The appellant, who is in person, has been in custody for over 11 years, serving a 20-year sentence imposed on him for the oence of committing an indecent act with a child contrary to section 11 (1) of the Sexual Offences Act No 3 of 2006. 2. It is not in dispute that he pleaded guilty to the oence. It is also not in dispute that at the time of the oence, he was around 18 years old. The oence attracted a minimum sentence of 10 years, but as we have stated, he got 20 years’ imprisonment. 3. Having heard him in person and having heard the state through the learned prosecuting counsel Mr Okango, it is clear beyond peradventure that this is a deserving case that the appeal ought to be allowed on sentence which is all that is brought before us. 4. In the circumstances, we allow the appeal on sentence and order that the sentence be reduced to the term already served. 5. The appellant shall accordingly be set at liberty forthwith unless otherwise lawfully held. The court shall give detailed reasons for this judgement on March 17, 2023 there being no earlier date available to the court. Order accordingly. https://new.kenyalaw.org/akn/ke/judgment/keca/2022/1259/eng@2022-11-08 1

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