Case ID:158814

Jacob Kipnyango Maiyo v Republic [2020] eKLR

Case Metadata

Case Number:

Miscellaneous Criminal Application 122 of 2017

Parties:

Jacob Kipnyango Maiyo v Republic

Date Delivered:

29 May 2020

Case Class:

Criminal

Court:

High Court at Kakamega

Case Action:

Sentence

Judge(s):

Jesse Nyagah Njagi

Citation:

Jacob Kipnyango Maiyo v Republic [2020] eKLR

Advocates:

Mr. Mutua for the prosecution

Court Division:

Criminal

County:

Kakamega

Advocates:

Mr. Mutua for the prosecution

History Advocates:

One party or some parties represented

Case Outcome:

Appellant to serve 5 years imprisonment on each of Counts 2 and 3

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

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

1.

On the 30

th

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 29

th

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.