JUDGMENT OF THE COURT
[1] When this appeal came up for hearing before us on 7th June, 2018, Mr. Wamotsa learned counsel for the appellant, urged only one ground of appeal on sentence. It is a well-established principle of law that sentencing falls within the Judge’s discretion and the appellate Court will normally not interfere unless the sentence appealed against is illegal or manifestly excessive. This is the holding in the case of Machariavs. Republic [2003] EA 559 the Court of Appeal held that,
“an appellate court will not review or alter a sentence imposed by the trial court on the mere ground that if the appellate court had been trying the appellant it would have passed a somewhat different sentence, and will not ordinarily interfere with the discretion of a trial judge unless the judge acted on some wrong principle or overlooked some material factors or issued a sentence that was manifestly excessive.”
[2] Bearing in mind the aforesaid, we think it is imperative to set out some ba…