Stephen Wanjala Wamalwa v Republic [2013] KEHC 1371 (KLR)

Facts

The appellant, Stephen Wanjala Wamalwa, was charged and convicted of intentionally destroying police property under section 103(D) of the National Police Service Act No. 11A of 2011. He was sentenced to a fine of Kshs. 20,000/= and two years imprisonment. He appealed against the conviction and sentence, but opted to appeal only against the sentence.

Issues

1. Whether the appeal against the sentence has merit
2. Whether the appellant should be pardoned and discharged

Reasoning

The court considered the appellant's remorse, the nature of the offence, and the fact that he has already served half the sentence. The court noted that the appellant was a first offender and had learned his lesson.

Outcome

Appeal allowed, sentence set aside, appellant discharged

Authorities cited