Case ID:171058

Parties: None

Date Delivered: None

Case Type: None

Court: None

Judges: None

Citation: None

Johana Kibet Mutai v Republic through ODPP [2020] eKLR

Case Metadata

Case Number:

Criminal Appeal 78 of 2019

Parties:

Johana Kibet Mutai v Republic through ODPP

Date Delivered:

18 Feb 2020

Case Class:

Criminal

Court:

High Court at Kisii

Case Action:

Judgment

Judge(s):

Anthony Ndung'u Kimani

Citation:

Johana Kibet Mutai v Republic through ODPP [2020] eKLR

Advocates:

Mr. Otieno, Senior Prosecution Counsel, instructed by Office of Director of Prosecutions.

Court Division:

Criminal

County:

Kisii

Advocates:

Mr. Otieno, Senior Prosecution Counsel, instructed by Office of Director of Prosecutions.

History Advocates:

One party or some parties represented

Case Outcome:

Sentence Reviewed.

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 KISII

CORAM: A.K NDUNG’U J.

CRIMINAL APPEAL NO. 78 OF 2019

JOHANA KIBET MUTAI.............................................APPELLANT

VERSUS

REPUBLIC through ODPP........................................RESPONDENT

(

An appeal from the conviction and sentence of Hon. R. Oanda, PM dated and delivered on the 12

th

day of April 2019 in the original PMCR(Sexual Offences) No. 49 of 2018

)

JUDGEMENT

I have considered the application and the applicant’s plea. The trial magistrate gave the maximum sentence thus failing to exercise discretion within the import of the Muruatetu case.

I am persuaded that the sentence should be subject to review. The sentence is reviewed, set aside and substituted thereof with a sentence for 6 years imprisonment to run from the day of the initial sentencing.

Dated and delivered at Kisii this 18

th

day of February 2020.

A.K NDUNG’U

JUDGE

Mr. Otieno, Senior Prosecution Counsel, instructed by Office of Director of Prosecutions.

Appellant in person

Meta Info:

{'Case Number:': 'Criminal Appeal 78 of 2019', 'Parties:': 'Johana Kibet Mutai v Republic through ODPP', 'Date Delivered:': '18 Feb 2020', 'Case Class:': 'Criminal', 'Court:': 'High Court at Kisii', 'Case Action:': 'Judgment', 'Judge(s):': "Anthony Ndung'u Kimani", 'Citation:': 'Johana Kibet Mutai v Republic through ODPP [2020] eKLR', 'Advocates:': 'Mr. Otieno, Senior Prosecution Counsel, instructed by Office of Director of Prosecutions.', 'Court Division:': 'Criminal', 'County:': 'Kisii', 'History Advocates:': 'One party or some parties represented', 'Case Outcome:': 'Sentence Reviewed.', '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'}