[2024] KEHC 10575 (KLR)
The court found that the applicant, having been convicted on his own plea of guilty for stealing by servant and sentenced to seven years' imprisonment, had demonstrated remorse and was a first offender. The sentence review report and the victim's lack of objection indicated that the period already served was...
Source-derived case information.
- Citation
- [2024] KEHC 10575 (KLR)
- Parties
- Applicant: Vincent Luvayo Asembeka; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Murang'a
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E291 of 2023
- Procedural Posture
- Criminal Revision / Sentence Review Ruling
- Outcome
- sentence revised; applicant to be released forthwith unless otherwise lawfully held
- Judges
- CJ Kendagor
- Legal Topics
- Sentence Review, Stealing by Servant, Penal Code Section 281, Remission of Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Vincent Luvayo Asembeka
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Sentence Review Ruling
Legal Issues
- 1 Whether the sentence imposed on the applicant for stealing by servant should be revised in light of the sentence review report and circumstances of the case.
- 2 Whether the period already served by the applicant is sufficient punishment warranting release.
Ratio Decidendi
The court found that the applicant, having been convicted on his own plea of guilty for stealing by servant and sentenced to seven years' imprisonment, had demonstrated remorse and was a first offender. The sentence review report and the victim's lack of objection indicated that the period already served was sufficient punishment. The court exercised its revisionary jurisdiction to set aside the remaining sentence and substitute it with the period already served, ordering the applicant's immediate release unless otherwise lawfully held.
Court Disposition
sentence revised; applicant to be released forthwith unless otherwise lawfully held
Orders
- The default sentence is set aside and substituted with the period already served.
- The convict shall be released forthwith unless otherwise lawfully held.
Full Case Text
Judgment text and source record
22 paragraphs
Asembeka v Republic (Criminal Revision E291 of 2023) [2024] KEHC 10575 (KLR) (21 June 2024) (Ruling)
Neutral citation: [2024] KEHC 10575 (KLR)
Republic of Kenya
In the High Court at Murang'a
Criminal Revision E291 of 2023
CJ Kendagor, J
June 21, 2024
Between
Vincent Luvayo Asembeka
Applicant
and
Republic
Respondent
Ruling
1. This Revision emanates from the Criminal Revision Exercise undertaken by the then Chairperson of the National Committee on Community Service Orders, invoking its powers of Revision. On 20th December, 2023, the Court directed that a Sentence Review Report be prepared for consideration.
2. The convict was sentenced to 7 years’ imprisonment for the offense of Stealing by Servant contrary to Section 281 of the Penal Code and was convicted on his plea of guilty. He was sentenced to 7 years’ imprisonment on 1st August 2022.
3. I have considered the sentence review report prepared by the Probation Officer, Muranga County Station, and presented to the Court on 12th March 2024.
4. The Probation Officer’s report indicates that the convict is remorseful and merits leniency. The victim opined that the period the convict has spent in prison could be said to have been sufficient punishment in the circumstances of the case and he has no objection to the review of the sentence. The convict is a first offender and has been in custody since his arraignment in court on 28th April 2022.
5. The case is suitable for sentence review, I set aside the default sentence and substitute it with the period already served.
6. The convict shall be released forthwith unless otherwise lawfully held.
7. It is so ordered.
DELIVERED, DATED, AND SIGNED AT NAIROBI ON THIS 21ST DAY OF JUNE, 2024. …………………………….C. KENGAGORJUDGERuling delivered through the Microsoft Teams online platform.In the presence of;Court Assistant: HellenODPP: Mr. OduorConvict: Vincent Luvayo Asembeka