REPULIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CRIMINAL APPEAL NO. 1071 OF 2002 FROM ORIGINAL CONVICTION AND SENTENCE IN CRIMINAL CASE NO. 2760 OF 2002 OF THE RMS MAGISTRATE’S COURT AT LIMURU FRANCIS MWAURA NDUNGU………………………….....APPELLANT VERSUS REPUBLIC………………………………………………….RESPONDENT JUDMENT This appeal is against sentence only. The subject matter stolen was recovered. The appellant was a first offender. He is remorseful. From the date of conviction he has served about one and a half months in prison. I consider this sufficient punishment. Accordingly this appeal is allowed by reducing the sentence to he period already served such that the appellant shall be released forthwith unless otherwise lawfully held. Order accordingly. Dated and delivered at Nairobi this 13th day of November, 2002. MBOGHOLI MSAGHA JUDGE
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