REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT BUNGOMA CRIMINAL APPEAL NO.136 OF 2012 [Arising from Judgement of Hon. Cherono (SPM) in Webuye SPM's Court criminal case No. 855 of 2011] JOHN NYONGESA KUNDU................................. APPELLANT VERSUS REPUBLIC................................................... RESPONDENT JUDGMENT The Appellant was convicted of the offence of stealing by agent contrary to Section 283 (b) of the Penal Code. He was sentenced to pay a fine of Kshs. 200,000/= in default serve 72 months imprisonment. The Appellant initially pleaded not guilty to the offence but later in the course of trial, he changed his plea to guilty. His appeal is therefore only sentence. He pleaded with this court to reconsider the sentence. He felt the sentence was harsh and he is sick. The trial court considered the Appellant's mitigation while passing the sentence. The Appellant had unlawfully obtained Kshs. 1,440,000/. In the proceedings there was indication of attempt to negotiate the matter, however the record does not show whether the Appellant refunded this money or not. The law provides for a maximum sentence of 7 years for the offence under Section 283 (b) of the Penal Code. The Appellant benefitted from the money and the sentence given of 72 months is within the Law. I find no reason to interfere with it. It was lenient given the circumstance of the case. In the result I uphold the decision of the Lower Court as regards sentence. The appeal is hereby dismissed. Dated and Delivered in open court this 7th A. OMOLLO JUDGE. day of November 2013.
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