REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KAKAMEGA MISC. CRIMINAL APPLICATION NO. 122 OF 2017 JACOB KIPNYANGO MAIYO.......PETITIONER VERSUS REPUBLIC......................................RESPONDENT SENTENCE th 1. On the 30 May, 2019, this court upheld the conviction of the appellant in Counts 1, 2 and 3. Later on 25/2/2020 the court sentenced the appellant in Count 1 but inadvertently failed to sentence him in Counts 2 and 3. The error has now been brought to the attention of the court. The court will now proceed to sentence the appellant in Counts 2 and 3. 2. In Count 2 the appellant was convicted of being in possession of a firearm namely a pistol, without a firearms certificate contrary to Section 4 (2) of Cap 114 Laws of Kenya. In Count 3 he was convicted of being in possession of 13 rounds of ammunition without a certificate contrary to Section 4 (9) of Cap 114. The minimum sentence for possession of a pistol and ammunition as those found with the appellant is 5 years imprisonment. This however may not be a mandatory sentence. I am of the view that a sentence of 5 years is appropriate for the offences. I thereby sentence the appellant to serve 5 years imprisonment on each of Counts 2 and 3. I further direct that the sentences in Counts 1, 2 and 3 shall run concurrently. Delivered, dated and signed at Kakamega this 29th day of May, 2020. J. N. NJAGI JUDGE In the presence of: Mr. Mutua for the prosecution Appellant – present via video link to G.K. Prison, Kakamega Court Assistant - Polycap 14 days right of appeal.
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