Ogolla v Republic (Criminal Appeal 171 of 2017) [2022] KECA 1294 (KLR) (23 November 2022) (Order) Neutral citation: [2022] KECA 1294 (KLR) REPUBLIC OF KENYA IN THE COURT OF APPEAL AT KISUMU CRIMINAL APPEAL 171 OF 2017 W KARANJA, F TUIYOTT & JM NGUGI, JJA NOVEMBER 23, 2022 BETWEEN STEPHEN OUMA OGOLLA .................................................................. APPELLANT AND REPUBLIC ............................................................................................ RESPONDENT (Appeal from the Judgment of the High Court of Kenya at Homa Bay (D.S. Majanja, J) Dated 19th October, 2015 in HCCRA NO. 4 OF 2015) ORDER 1. The court has allowed the appellant’s appeal, which was on sentence only, the appellant having abandoned the appeal on conviction. 2. Accordingly, it is ordered that the appellant’s sentence be and is hereby reduced to the term already served as recommended by Mr Okango, learned counsel for the state. 3. The appellant shall be released from prison custody forthwith unless he is otherwise lawfully held. It is so ordered. MADE AT KISUMU THIS 23RD DAY OF NOVEMBER, 2022. W. KARANJA .............................. JUDGE OF APPEAL F. TUIYOTT .............................. JUDGE OF APPEAL https://new.kenyalaw.org/akn/ke/judgment/keca/2022/1294/eng@2022-11-23 1
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JOEL NGUGI .............................. JUDGE OF APPEAL I certify that this is a true copy of the original. DEPUTY REGISTRAR. https://new.kenyalaw.org/akn/ke/judgment/keca/2022/1294/eng@2022-11-23 2
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