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