JULIUS MUSAU MUTUKU v REPUBLIC [2010] KEHC 3890 (KLR)
- Court
- High Court of Kenya
- Case number
- 3890
- Citation
- [2010] KEHC 3890 (KLR)
- Decided
- 17 February 2010
Summary at a glance
TypeCriminal AppealPostureAppeal from conviction and sentenceCoramH. A. Omondi
The appeal is dismissed. The conviction is upheld. The sentence of six years is reduced to the period already served.
Facts
The appellant, Julius Musau Mutuku, was convicted of robbery and sentenced to six years imprisonment. The charge was that he and others robbed Boniface Muiruri of 18 packets of fresh KCC 500ml milk valued at Kshs. 486/- on 16th April 2009.
Issues
- Defectiveness of the charge sheet
- Language of the court
- Manifestly harsh sentence
Reasoning
The charge was read in the appellant's preferred language, Kiswahili. The charge sheet was not defective or false. The sentence is reduced to six years, as it is manifestly harsh.
Outcome
Appeal dismissed, conviction and sentence upheld with reduction
Authorities cited
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