REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT EMBU Criminal Appeal 120 of 2005 RICHARD MUTURI NDWIGA………………..................................................................…... …………..APPELLANT VERSUS REPUBLIC………………………………………......................................…………RESPONDENT JUDGMENT The appellant states he does not challenge his conviction however he says the sentence is too harsh and excessive in the circumstances. The sentence of 5 years imprisonment is harsh for a first and youthful offender. It does not give him opportunity to reform. I set the sentence aside and substitute with an unconditioned discharge he has already served a substantial part of imprisonment. The upshot is that the appeal is allowed to that extent. The appellant shall be released forthwith unless otherwise held. Dated this 23rd January, 2008. J. N. KHAMINWA JUDGE
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