REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KISII CORAM: A.K NDUNG’U J. CRIMINAL APPEAL NO. 7 OF 2020 JOEL ABUKA ORIRI.........................................APPELLANT VERSUS REPUBLIC through ODPP..............................RESPONDENT (An appeal from the conviction and sentence of Hon. C.R.T Ateya, RM dated and delivered on the 12th day of April 2019 in the original Ogembo PMCR No. 1339 of 2017) JUDGEMENT I have considered the application for reviewing of the sentence. I have noted the sentiments of the Probation Officer who did the pre-sentence report before sentencing. The report shows home environment was not fit for release of the applicant on a custodial sentence. I have noted the applicant had an earlier charge of manslaughter and this offence has been committed after he left prison. His rehabilitation appears not to have been complete during the time he served a term for manslaughter. In the circumstances, however, I note from the amount of narcotic 10 years imprisonment was on the higher side. It is harsh and excessive. I set aside the sentence of 10 years imprisonment and substitute thereof a term of imprisonment for 4 years to run from the date of sentence at lower court. Dated and delivered at Kisii this 25th day of February 2020. A.K NDUNG’U JUDGE Mr. Otieno, Senior Prosecution Counsel, instructed by Office of Director of Prosecutions. 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.