A man who served 17 months in prison for breaking a motor vehicle windscreen in Kisii has been released by the High Court after he said he was young and wanted to marry.
Justine Nyambuche was convicted on April 8, 2025, for breaking the windscreen valued at Sh12,000 belonging to Christopher Obaiwa.
Nyambuche hurled a bottle of alcohol at the vehicle that had passengers on board on March 2, 2025, and shattered the windscreen at Mochengo centre in Kisii County.
Resident Magistrate Vane Moguche sentenced Nyambuche on his own plea of guilt.
In his appeal, before Justice Anne Okutoyi, Nyambuche said that he was misled by the cellmates to plead guilty to the charge.
He asked the court to release him to go and marry because he was a young man and wanted to have a family.
Nyambuche argued that the magistrate failed to consider his young age and lazy nature.
He further said that the magistrate sentenced him without calling for a probation report and placing weight on the prevalence of the offence over individualised sentencing.
While releasing him, Justice Okutoyi said that Nyambuche’s punishment had already been met, having served 17 months in prison.
The judge noted that Nyambuche already served slightly over a year, and expressed remorse, indicating that his mother died and he has a family that depends on him.
“Consequently, the appeal against the sentence succeeds. The sentence of two years imprisonment is hereby set aside and substituted with a sentence equivalent to the period already served. As such, the Appellant (Nyambuche) shall be released forthwith,” ruled Justice Okutoyi.
