Wachira v Republic (Miscellaneous Criminal Application E076 of 2026) [2026] KEHC 11682 (KLR) (27 July 2026) (Ruling)

**REPUBLIC OF KENYA** **IN THE HIGH COURT OF KENYA AT CHUKA** **MISC. CRIMINAL APPLICATION NO. E076 OF 2026** **DENNIS WACHIRA…..............................APPLICANT** **VERSUS** **REPUBLIC……………………………….......RESPONDENT** **R U L I N G** 1. Dennis Wachira (Applicant) was the 3rd Accused in Chuka Chief Magistrate’s Court Criminal Case No. E048/2025. They were charged with the offence of stealing stock contrary to section 278 of the Penal Code. Particulars were on 15th day of January 2025 at 14.00 hrs at Kamagutu in Meru sub-county within Tharaka Nithi County jointly stole one goat valued at Kshs.12,000 the property of Elias Mutegi. 2. The Applicant initially pleaded guilty to the charge but denied the facts and the court entered a plea of not guilty. 3. When the case came up for pre-trial on 12th February 2025, the 3rd Accused told the court that he wished to change plea. On 5th March 2025, the 3rd Accused pleaded guilty to the charge and was convicted. 4. The 3rd Accused (Applicant) was subsequently sentenced to serve 24 months in prison while the case against the 1st and 2nd accused remained active. 5. The Applicant has now approached this court seeking revision of his sentence to either fine or non-custodial sentence. 6. In the undated Application received in court on 3rd October 2025, the Applicant stated that he was remorseful and regretted the offence. He stated that he was the sole bread winner of his younger siblings as his father was alcoholic while their mother had left the home and was also sickly. 7. The Applicant filed undated submissions in which he pleaded for a second chance stating that he was now reformed and would not reoffend. That he was a 24 year old youth and a first offender. 8. The Application was opposed by the Respondent. In submissions dated 27th April 2026, the Respondent submitted that the sentence was legal, just and fair and the trial court properly exercised discretion in sentencing the Applicant. 9. Section 362 of the Criminal Procedure Code provides:- **“362. The High Court may call for and examine the record of any criminal proceedings before any subordinate court for the purpose of satisfying itself as to the correctness, legality or propriety of any finding, sentence or order recorded or passed, and as to the regularity of any proceedings of any such subordinate court.”** 1. I called for and examined the trial record as required. *Prima facie*, there was nothing, irregular about the proceedings or sentence meted out on the Applicant. 2. Section 278 of the Penal Code provides:- **If the thing stolen is any of the following things, that is to say, a horse, mare, gelding, ass, mule, camel, ostrich, bull, cow, ox, ram, ewe, wether, goat or pig, or the young thereof the offender is liable to imprisonment for a period not exceeding fourteen years.** 1. I observe that the Applicant was charged alongside two others and that the case against his co-accused is yet to be concluded; while the Applicant was sentenced to 24 months imprisonment. 2. I observe further that in sentencing the Applicant, the court relied on the pre-sentence probation officer’s report on whether the Applicant was suitable for non-custodial sentence. 3. I have revisited the pre-sentence report. The probation officer captured the sentiments of the community which painted a picture of a habitual petty thief despite his young age. Against such a background, I hesitate to consider altering the nature of the Applicant’s sentence to a non-custodial sentence. He shall continue to be effectively rehabilitated in prison. 4. The Application is dismissed. The Applicant shall complete his sentence. Orders accordingly. **Ruling delivered, dated and signed at Chuka this 27th day of July, 2026.** **..........................** **R. LAGAT - KORIR** **JUDGE** **Ruling delivered in the presence of Applicant acting in person, Ms Rukunga for the Republic; Muriuki (Court Assistant)**