Case ID:178645

Kenneth Mawira Busaka & another v Republic [2021] eKLR

Case Metadata

Case Number:

Criminal Appeal 11 of 2017

Parties:

Kenneth Mawira Busaka & Fredrick Otieno Odhiambo v Republic

Date Delivered:

09 Jul 2021

Case Class:

Criminal

Court:

Court of Appeal at Nairobi

Case Action:

Order

Judge(s):

Wanjiru Karanja, Fatuma sichale

Citation:

Kenneth Mawira Busaka & another v Republic [2021] eKLR

Case History:

(Being an appeal from the judgment of the High Court of Kenya at Nairobi (Achode, J) dated 4th October, 2012 in HCCRA NO. 427 of 2010)

Court Division:

Criminal

County:

Nairobi

History Docket No:

HCCRA 427 of 2010

History Judges:

Lydia Awino Achode

History County:

Nairobi

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

IN THE COURT OF APPEAL

AT NAIROBI

[CORAM: OUKO (P), KARANJA & SICHALE, JJ.A]

CRIMINAL APPEAL NO. 11 OF 2017

BETWEEN

KENNETH MAWIRA BUSAKA....................1

ST

APPELLANT

FREDRICK OTIENO ODHIAMBO............2

ND

APPELLANT

AND

REPUBLIC........................................................RESPONDENT

(Being an appeal from the judgment of the High Court of Kenya at

Nairobi (Achode, J) dated 4

th

October, 2012 in HCCRA NO. 427 OF 2010)

*****************************

ORDER OF THE COURT

On

19

th

May, 2021

, this Court delivered a judgment and reduced the life sentence imposed by

T. Ngugi

, the then Principal Magistrate, Makadara Law Courts and confirmed by

Achode, J,

to a term of thirty (30) years imprisonment from the date of conviction.

However, we erroneously gave the date of conviction as

11

th

June, 2016

instead of

11

th

June, 2010

. This anomaly has been pointed out to us by the Officer in Charge, Kamiti Maximum Prison.

Accordingly, this error is corrected pursuant to

Rule 35(1) of this Court’s

Rules

and we direct that the appellants will serve thirty (30) years imprisonment from the date of Conviction,

11

th

June, 2010

.

This Order is signed by

W. Karanja

and

F. Sichale, JJ.A, Ouko, (P)

, (as he then was) having been elevated to the position of Supreme Court Judge. (

Rule

32(2) of this Court’s Rules

.

DATED AND DELIVERED AT NAIROBI THIS 9

TH

DAY OF JULY, 2021.

W. KARANJA

........................................................

JUDGE OF APPEAL

F. SICHALE

.....................................................

JUDGE OF APPEAL

I certify that this is a true copy of the original.

signed

DEPUTY REGISTRAR