The Director of Public Prosecutions has opposed an intended appeal by a convict sentenced to three years imprisonment for assault and attempted murder on grounds that the sentence issued by the lower court was fair.
Through state prosecutor Amos Chingiti, he urged the court to uphold the judgement by the lower court saying there was no valid notice of appeal before it adding that the magistrate had discretion in sentencing the accused in accordance with the law.
Michael Kuhora who is facing attempted murder charges of Nakuru magistrate had moved to the high court seeking to have the sentence set aside accusing the magistrate of being bias in the judgement.
Appearing before high court judge Justice Maureen Odero, the appellant through lawyer Gacheru Ng’ang’a accused the magistrate of not regarding a non custodial sentence as per the offenses act.
“I urge the court to set aside the judgement by the lower court since it was delivered under a hostile ground and the magistrate was bias, my client was not given due consideration of a non custodial sentence as per the act,” Said Ng’ang’a.
He accused the magistrate of issuing the judgment with emotions saying that some of the details for conviction put in the judgement was that his client was arrogant towards the court.
