[2013] KEHC 1752 (KLR)
The court found that since the appellant had served a substantial portion of his sentence and his co-accused were released on probation, it was just to quash the remaining sentence and substitute it with time served. The court further ordered that the appellant be bonded to keep the peace for one year, considering...
Source-derived case information.
- Citation
- [2013] KEHC 1752 (KLR)
- Parties
- Appellant: Robert Macharia Njeru; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 99 of 2012
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- sentence quashed and substituted with time served; appellant bonded to keep the peace for one year; release ordered unless lawfully held
- Legal Topics
- Appeal Against Sentence, Probation Orders, Conviction Upheld, Sentence Quashed
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Robert Macharia Njeru
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the appellant's sentence should be reduced or substituted given the time already served.
- 2 Whether the appellant should be released on the basis of time served and bonded to keep the peace.
Ratio Decidendi
The court found that since the appellant had served a substantial portion of his sentence and his co-accused were released on probation, it was just to quash the remaining sentence and substitute it with time served. The court further ordered that the appellant be bonded to keep the peace for one year, considering that he had likely learned from his incarceration. The appeal against conviction was not pursued, and the prosecution did not oppose the appellant's request for release on these terms.
Court Disposition
sentence quashed and substituted with time served; appellant bonded to keep the peace for one year; release ordered unless lawfully held
Orders
- The sentence of 2 years is quashed and substituted with one for time served.
- The appellant shall be bonded to keep the peace for a period of one year.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT EMBU
CRIMINAL APPEAL NUMBER 99 OF 2012
ROBERT MACHARIA NJERU................................……...…………..APPELLANT
VERSUS
REPUBLIC………………………………............……………………..RESPONDENT
(Being an appeal from the original conviction and sentence in Siakago Criminal Case No 565 of 2009 by A.N. Makau – DM II on 1st September, 2011)
JUDGMENT
The appellant has indicated that he does not want to pursue the appeal against conviction but wished to be released as he has almost completed his sentence.
Learned counsel for the prosecution does not oppose the appeal on those terms.
I have noted the appellant's plea and according to the record, his co-accused were released on probation but he was not considered fit for probation. As he has stayed in prison, I am sure he has learnt the errors of his ways. I therefore allow the appeal to the extent that sentence of 2 years is quashed and substituted with one for time served. The appellant shall however be bonded to keep the peace for a period of one year. He shall be released forthwith unless lawfully held.
D.A.S MAJANJA
JUDGE
17. 10. 13
Court:
Judgment read and delivered in open court this 17th day of October, 2013
D.A.S MAJANJA
JUDGE
17. 10. 2013
In the presence of
Mr Njogu for state
Appellant
Njue – Court clerk