REPUBLIC OF KENYA IN THE HIGH COURT O FKENYA AT KISII CRIMINAL APPEAL NO.52 OF 2017 LEVIS JOMO OMONYI........................................APPELLANT VERSUS REPUBLIC...........................................................RESPONDENT (From original conviction and sentence in Criminal Case No.3 of 2016 of the Principal Magistrate’s Court at Ogembo. Before CRT Ateya-R.M) JUDGMENT 1 The appeal in this matter is against sentence. I have considered the submissions of both the appellant’s counsel and the State’s response. 3 years for assault in the circumstance of this case was excessive. I therefore allow the appellant’s appeal on a sentence. The conviction is affirmed. Further the probation report is favorable. The appellant however did not serve about a year of his custodial sentence after conviction. The sentence of 3 years is set aside. He shall therefore serve community service for a period of 3 months. He is warned to respect his mother –in-law and to leave in peace with his extended family. 2 Right of appeal. Dated, signed and delivered at Kisii this 31st day of October 2019. R.E. OUGO JUDGE In the Presence; Appellant In person Mr.Otieno Senior state counsel office of the DPP Ms. Rael Court Clerk
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