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Michael Murasia Alias Chotoi David v. Republic

(2011) JELR 105346 (CA)

Court of Appeal  •  Criminal Appeal 51 of 2010  •  15 Feb 2011  •  Kenya

Johnson Evan Gicheru, Samuel Elikana Ondari Bosire, John walter Onyango Otieno



The appellant Michael Murasia alias David Chotoi, whom we shall hereinafter refer to as the appellant, was charged with two counts before the Principal Magistrate’s Court at Kapenguria, the first one being stealing from the person contrary to section 279 (a) of the Penal Code. The second count was one of malicious damage to property contrary to section 339 (1) of the same Code. He pleaded guilty to both counts, and he was thereafter sentenced to concurrent terms of 7 years and 3 years imprisonment respectively. His first appeal to the superior court was rejected summarily under section 352 (2) of the Criminal Procedure Code and hence this appeal. In this appeal the appellant’s main complaint is that the sentences imposed upon him are too harsh and he prays that we reduce them. It was his submission that this Court should exercise its powers in his favour and consider reducing the sentences.

Mr. Oluoch, Senior Principal Counsel opposes the appeal basing his submissi…

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