[2021] KEHC 6917 (KLR)
The court found that the offender, having pleaded guilty to stealing a mobile phone valued at Kshs. 19,000 and having served a substantial portion of his 12-month sentence with remission, had been justly and substantially punished. The Probation Officer's report supported suitability for a non-custodial sentence,...
Source-derived case information.
- Citation
- [2021] KEHC 6917 (KLR)
- Parties
- Applicant: Dennis Muchui; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E010 of 2020
- Procedural Posture
- Criminal Revision / Ruling on Revision
- Outcome
- sentence revised; offender released
- Judges
- EM Muriithi
- Legal Topics
- Stealing Offence, Sentencing Revision, Plea of Guilty, First Offender, Non Custodial Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dennis Muchui
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Revision
Legal Issues
- 1 Whether the sentence imposed on the offender was excessive or unjust in the circumstances.
- 2 Whether the offender qualifies for a non-custodial sentence upon revision.
- 3 Whether the period already served constitutes sufficient punishment for the offence committed.
Ratio Decidendi
The court found that the offender, having pleaded guilty to stealing a mobile phone valued at Kshs. 19,000 and having served a substantial portion of his 12-month sentence with remission, had been justly and substantially punished. The Probation Officer's report supported suitability for a non-custodial sentence, and the prosecution did not oppose the revision. Considering the offender's first offender status and the absence of an option for a fine, the court exercised its revisionary jurisdiction under Sections 354(3)(b) and 364 of the Criminal Procedure Code to reduce the sentence to the period already served, ordering the offender's immediate release unless otherwise lawfully held.
Court Disposition
sentence revised; offender released
Orders
- The sentence is reduced to the period already served.
- The offender is to be released from custody forthwith unless otherwise lawfully held.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MERU
CRIMINAL REVISION OF E010 OF 2020
DENNIS MUCHUI........................................................APPLICANT
VERSUS
REPUBLIC.................................................................RESPONDENT
RULING ON REVISION
1. This is a ruling on revision of the conviction and sentence in a matter which was identified for revision by the Court in the course of its regular supervisory jurisdiction exercise. The offender herein was sentenced to imprisonment of 12 months from 22/7/2020 for the offence of stealing contrary to Section 268 as read with Section 275 of the Penal Code for the theft of a mobile phone valued at Kshs.19,000/=, upon a plea of guilty.
2. By the date of hearing of the revision on 3/2/2021, the offender was on the 7th month of his eight (8) month prison term, with remission under Section 46 of the Prisons Act, and is due for release from custody on 22/3/2021, less than a month away.
3. The Probation Officer by report dated 4/2/2021 considers the offender suitable for revision and recommends a non-custodial sentence.
4. The DPP does not oppose the revision considering the offender was sentenced to 12 months without an option of a fine and he was a first offender.
Orders
5. All considered, this court takes the view that the offender has been justly and substantially punished for his offence. Consequently, pursuant to Section 354 (3) (b) as read with the enabling section 364 of Criminal Procedure Code (CPC) the court reduces the sentence passed by the trial court to the period already served so that the offender is forthwith released from custody, unless he is otherwise lawfully held.
Order accordingly.
DATED AND DELIVERED THIS 11TH DAY OF FEBRUARY, 2021.
EDWARD M. MURIITHI
JUDGE
Appearances:
Ms. Nandwa, Prosecution Counsel for the Respondent.