REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KERUGOYA CRIMINAL APPEAL NO. 207/2013 CORRABORATE WITH 208/2013 EPHANTUS MUTIRIA MWAMBA ............................................. 1ST APPELLANT DICKSON NJERU GASUKU ...................................................... 2ND APPELLANT VERSUS REPUBLIC ........................................................................................RESPONDENT (APPEAL ARISING FROM THE JUDGMENT OF THE SENIOR RESIDENT MAGISTRATE’S COURT AT BARICHO (J.N. MWANIKI – S.R.M) IN CRIMINAL CASE NO. 796 OF 2009 DELIVERED ON 26TH MARCH 2010) JUDGMENT The two appellants herein EPHANTUS MUTIRIA MWAMBA and DICKSON NJERU GACUKU were on 26th March 2010 convicted for the offence of Home breaking and stealing and sentenced to six (6) years imprisonment. They have filed this appeal against both sentence and conviction but at the hearing of the appeal, they abandoned the appeal against conviction and urged me to reduce their sentence. The State through Mr. Omayo conceded the appeal on sentence. According to the charge sheet, the value of the stolen goods was Ksh. 34,330/=. The appellants were both first offenders and have now served some three years and seven months in prison.That in my view, is sufficient punishment.The sentence is reduced to the period already served and they are hereby released unless otherwise lawfully held. B.N.OLAO JUDGE 18TH OCTOBER, 2013
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Judgment delivered this 18th day of October 2013. Mr. Omayo State Counsel present Mr. Muriithi Court clerk present Appellants both present. B.N. OLAO JUDGE 18TH OCTOBER, 2013
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