[2016] KEHC 5073 (KLR)
The court exercised its revisionary jurisdiction under section 364 of the Criminal Procedure Code, taking into account the appellant's period in remand, his remorse, family circumstances, and the favourable probation report. The court found that the appellant was suitable for probation and that the interests of...
Source-derived case information.
- Citation
- [2016] KEHC 5073 (KLR)
- Parties
- Appellant: David Maina Kariuki; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 8 of 2016
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- sentence revised to probation
- Judges
- MM Kasango
- Legal Topics
- Sentencing Revision, Probation Orders, Remand Period Credit
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
David Maina Kariuki
Appellant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the sentence imposed on the appellant should be revised in light of the period spent in remand and the probation report.
- 2 Whether the appellant is suitable for a probation sentence.
Ratio Decidendi
The court exercised its revisionary jurisdiction under section 364 of the Criminal Procedure Code, taking into account the appellant's period in remand, his remorse, family circumstances, and the favourable probation report. The court found that the appellant was suitable for probation and that the interests of justice would be served by revising the custodial sentence to a probation order. The court thus substituted the remaining custodial sentence with a six-month probation order under the supervision of the probation officer, Laikipia East.
Court Disposition
sentence revised to probation
Orders
- David Maina Kariuki shall serve 6 months probation under probation officer Laikipia East.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NANYUKI
CRIMINAL REVISION NO. 8 OF 2016
DAVID MAINA KARIUKI ………………………………. APPELLANT
Versus
REPUBLIC ……………………………………………….. RESPONDENT
RULING
1. DAVID MAINA KARIUKI (Kariuki) is 28 year old. He was convicted by the Nanyuki Chief Magistrate’s Court of the offence of stealing contrary to Section 275 of the Penal Code Cap 63. He was convicted on 25th of September 2015 and sentenced to serve 2 1/2 years of jail term. He has so far served 6 months and 6 days. It is important to note that Kariuki was arrested and was remanded before trial from August 2014 until his conviction in September 2015.
The court in exercise of its revision powers under section 364 of cap 75 requested the probation office to prepare a report on Kariuki for this court to consider if he is suitable to have his sentence revised. That report is favourable to Kariuki serving a sentence of probation.
2. Kariuki is married and has one child. He is remorseful and has promised to change his attitude and become a law abiding citizen. Having considered the probation report and the fact that Kariuki was in remand from August 2014 up to September 2015 when he began to serve his 2 ½ years prison sentence I will revise the sentence of the lower court. I do find that kariuki is suitable to serve sentence of probation.
3. Accordingly I order as follows:-
(a) David Maina Kariuki shall serve 6 months probation under probation officer Laikipia east.
DATED THIS 31ST DAY OF MAY 2016
MARY KASANGO
JUDGE
CORAM:
Before Justice Mary Kasango
Court Assistant – Njue
Appellant: Daniel Maina Kariuki …......................
For the State: ….....................................
COURT
Ruling delivered in open court.
MARY KASANGO
JUDGE