REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KISII CRIMINAL APPEAL 319 OF 2003 GLADYS MORAA OKARU ………………………………………. APPELLANT VERSUS REPUBLIC …………………………………………………………. RESPONDENT JUDGMENT: Appellant was convicted by SRM Kisii for offence of grievous harm c/s 234 Penal Code. She was sentenced to 5 years imprisonment. Appellant abandoned her ground of appeal against conviction and pursued appeal against sentence. Court was told she was in poor health and a young lady. She has Asthma. The state counsel conceded the sentence was harsh in the circumstances. The appellant was a first offender. She told court that she was in poor health. I concur that the sentence was harsh and excessive. In the circumstances I allow appeal against sentence. I set aside the sentence of 5 years and substitute it with one of one (1) year imprisonment. It is so ordered. KABURU BAUNI JUDGE 27/5/2004 Mr. Onyancha for Appellant Mr. Chirchir for State KABURU BAUNI JUDGE
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