REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT EMBU CRIMINAL APPEAL NUMBER 99 OF 2012 ROBERT MACHARIA NJERU................................……...…………..APPELLANT VERSUS REPUBLIC………………………………............……………………..RESPONDENT (Being an appeal from the original conviction and sentence in Siakago Criminal Case No 565 of 2009 by A.N. Makau – DM II on 1st September, 2011) JUDGMENT The appellant has indicated that he does not want to pursue the appeal against conviction but wished to be released as he has almost completed his sentence. Learned counsel for the prosecution does not oppose the appeal on those terms. I have noted the appellant's plea and according to the record, his co-accused were released on probation but he was not considered fit for probation. As he has stayed in prison, I am sure he has learnt the errors of his ways. I therefore allow the appeal to the extent that sentence of 2 years is quashed and substituted with one for time served. The appellant shall however be bonded to keep the peace for a period of one year. He shall be released forthwith unless lawfully held. D.A.S MAJANJA JUDGE 17.10.13 Court: Judgment read and delivered in open court this 17th day of October, 2013 D.A.S MAJANJA JUDGE 17.10.2013 In the presence of
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Mr Njogu for state Appellant Njue – Court clerk
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