REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MOMBASA Criminal Appeal 183 of 2007 MICHAEL KYULE ………………………………………...APPELLANT VERSUS REPUBLIC………………………………………………RESPONDENT (Arising from the original sentence and conviction in CM’s Criminal Case No. 3206 of 2007 at the Resident Magistrate’s Court at Mombasa) JUDGMENT I have considered the grounds set out in the petition of appeal. I have also taken into account the oral arguments tendered by the appellant and the concession made by the learned State Counsel. The learned trial magistrate noted the appellant’s mitigation but did not take that into account when sentencing. For this reason I am convinced the sentence should be interfered with on appeal. Consequently, I allow the appeal as against sentence by setting aside the sentence of 18 months and substituting the same with a sentence of 8 months. The sentence to run from the date of sentence. Dated and delivered at Mombasa this 10th day of March 2008. J.K. SERGON JUDGE
A note on accuracy. These pages are generated automatically from our AI-written case briefs and have not been checked by a lawyer. Case titles and citations come from Kenya Law; the counts, topics, propositions and “treatment” labels are derived from the briefs and can be incomplete or wrong. Use them as a research aid and always read the original judgment before relying on anything here. This is not legal advice.