[2023] KEHC 1137 (KLR)
The court found that the applicant's concerns regarding mitigation were already addressed during the appeal process, where the appellate judge considered the seriousness of the offence and substituted the life sentence with a 30-year sentence. The court held that suspending the sentence for probation would defeat...
Source-derived case information.
- Citation
- [2023] KEHC 1137 (KLR)
- Parties
- Applicant: Jimmy Iddi Chirume; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E235 of 2022
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Suspension of Sentence to Probation
- Outcome
- application dismissed
- Judges
- A. Ong’injo
- Legal Topics
- Sentence Review, Defilement Offence, Mitigation, Probation Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jimmy Iddi Chirume
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Suspension of Sentence to Probation
Legal Issues
- 1 Whether the applicant's sentence should be suspended and the remainder served on probation.
- 2 Whether the applicant's mitigation was properly considered during sentencing.
Ratio Decidendi
The court found that the applicant's concerns regarding mitigation were already addressed during the appeal process, where the appellate judge considered the seriousness of the offence and substituted the life sentence with a 30-year sentence. The court held that suspending the sentence for probation would defeat the purpose of the sentence, especially since the applicant had not served even 10 years of the 30-year term. Therefore, there was no basis for further review or suspension of the sentence.
Court Disposition
application dismissed
Orders
- The application to suspend the remaining part of the sentence to probation is dismissed.
Full Case Text
Judgment text and source record
20 paragraphs
Chirume v Republic (Miscellaneous Criminal Application E235 of 2022) [2023] KEHC 1137 (KLR) (23 February 2023) (Ruling)
Neutral citation: [2023] KEHC 1137 (KLR)
Republic of Kenya
In the High Court at Mombasa
Miscellaneous Criminal Application E235 of 2022
A. Ong’injo, J
February 23, 2023
Between
Jimmy Iddi Chirume
Applicant
and
Republic
Respondent
Ruling
1. The applicant Jimmy Iddi Chirume seeks that the court suspends the remaining part of his sentence to be served on probation. The applicant was convicted in Shanzu Principal Magistrate Court CR Case no 73 of 2016 and sentenced to serve life imprisonment on December 1, 2017 for the offence of defilement of a 6 years old boy.
2. In Mombasa High Court CR Appeal no 51 of 2018 the conviction was upheld but life sentence set aside and substituted with 30 years, for reason the offence was very serious but life imprisonment was not the most appropriate. Judgment in the appeal was delivered on January 29, 2019.
3. The grounds upon which applicant seeks review of his sentence is that his mitigation was not factored during sentence. The applicant in his mitigation said he wanted his witness to testify but judgment had already been delivered.
4. The prayer he seeks was cured by the judge in CR Appeal no 51 of 2018 when the judge substituted life sentence with 30 years for an offence he noted and termed as very serious.
5. I do find that the purpose for which sentence was imposed will not have been served as he has not even served 10 years since he was sentenced. Application dismissed.
DATED, SIGNED AND DELIVERED IN OPEN COURT THIS 23RD DAY OF FEBRUARY 2023HON LADY JUSTICE A ONG’INJOJUDGEIn the presence of:-Ogwel - Court assistantMr Ngiri for stateApplicant – present in personHon Lady Justice A Ong’injo J23/02/2023