REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KISII CORAM: MAJANJA J. CRIMINAL APPEAL NO. 60 OF 2018 GEOFFREY NYABUTO OSORO ………………………..…….... APPELLANT VERSUS REPUBLIC …………………………………………………..……. RESPONDENT (Appeal from the original conviction and sentence of Hon. N. Wairimu – PM dated 23 rd February 2017 at the Principal Magistrate’s Court at Ogembo in Criminal Case No. 1 of 2017) JUDGMENT 1. The appellant, GEOFFREY NYABUTO OSORO was charged with the offence of stealing contrary to section 268 as read with section 275 of the Penal Code (Chapter 63 of the Laws of Kenya). The particulars that with his co-accused, he did steal a motorcycle Registration No. KMDH 677B valued at Kshs. 70,000/=, the property of DENNIS ONDATI. He pleaded guilty and was sentenced to three (30 years imprisonment. 2. This appeal is against sentence only and I note that under section 275 of the Penal Code, the maximum sentence for stealing is three years imprisonment. The court ought not impose the maximum sentence on a first offender particularly where he does plead guilty and has no criminal antecedents. 3. In view of the period spent in custody, I quash the sentence and substitute it with a sentence equivalent to time served. The appellant is therefore set free unless otherwise lawfully held. Dated and delivered at Kisii this 12th day of October, 2018. D.S MAJANJA JUDGE Mr. Otieno, Senior Prosecution Counsel, instructed by Office of Director of Prosecutions for the respondent. Appellant in person.
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.