[2024] KEHC 5119 (KLR)
The court found that the trial magistrate failed to consider the applicants' guilty pleas and their status as young, first-time offenders with no previous convictions. The probation officer's reports were favorable, recommending non-custodial sentences. The court held that these factors, combined with the...
Source-derived case information.
- Citation
- [2024] KEHC 5119 (KLR)
- Parties
- Applicant: Titchiang Rial Duop; Applicant: Gatkhor Marial; Applicant: Chudier Chuol; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E030 of 2024
- Procedural Posture
- Criminal Review / Ruling on Application for Review of Sentence
- Outcome
- custodial sentence varied and substituted with non-custodial community service order
- Judges
- RN Nyakundi
- Legal Topics
- Sentencing Review, Assault Causing Actual Bodily Harm, Probation Orders, Guilty Plea Discount
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Titchiang Rial Duop
Applicant
Gatkhor Marial
Applicant
Chudier Chuol
Applicant
Republic
Respondent
Procedural Posture
Criminal Review / Ruling on Application for Review of Sentence
Legal Issues
- 1 Whether the custodial sentence imposed on the applicants should be reviewed and substituted with a non-custodial sentence.
- 2 Whether the trial court failed to consider the effect of a guilty plea on sentencing.
- 3 Whether the applicants' status as young, first-time offenders warranted a non-custodial sentence.
Ratio Decidendi
The court found that the trial magistrate failed to consider the applicants' guilty pleas and their status as young, first-time offenders with no previous convictions. The probation officer's reports were favorable, recommending non-custodial sentences. The court held that these factors, combined with the applicants' remorse and cooperation, justified substituting the custodial sentences with non-custodial community service orders. The court exercised its discretion to vary the sentence, emphasizing the importance of rehabilitation and the principle that a guilty plea should result in a reduction of sentence, especially where it is entered at the earliest opportunity and the offenders are...
Court Disposition
custodial sentence varied and substituted with non-custodial community service order
Orders
- The custodial sentence is varied and substituted with a non-custodial sentence for the balance of the period remaining to be served as Community Service at Kakuma police post effective from the date of this order.
Full Case Text
Judgment text and source record
24 paragraphs
Duop & 2 others v Republic (Criminal Case E030 of 2024) [2024] KEHC 5119 (KLR) (3 May 2024) (Ruling)
Neutral citation: [2024] KEHC 5119 (KLR)
Republic of Kenya
In the High Court at Eldoret
Criminal Case E030 of 2024
RN Nyakundi, J
May 3, 2024
Between
Titchiang Rial Duop
1st Applicant
Gatkhor Marial
2nd Applicant
Chudier Chuol
3rd Applicant
and
Republic
Respondent
(Being a review on sentence in criminal case No.E.373 of 2023 before Hon. Mayamba in an order dated 11th September, 2023)
Ruling
Representation:Mr. Kakoi for the state 1. The applicants were jointly charged with the offence of assault causing actual bodily harm contrary to section 251 of the penal code. In brief the applicants as per the state information are alleged to have committed the offence on the 1st day of September, 2023 at around 20:42 hours at Kakuma refugee camp in Turkana West Sub-County within Turkana County, jointly with others not before court unlawfully assaulted EMMANUEL NIYONIZEYE thereby occasioning him actual bodily harm. Each of the applicant pleaded guilty to the offence resulting into each one of them convicted on his own plea of guilty on 11th September, 2023 with a sentence to serve two (2) years imprisonment. Thereafter an application was filed in court on 11th March, 2024 seeking review of the custodial sentence and have it substituted with a non-custodial sentence under section 4(1) (a) as read with section 5(1) of the probation of the offenders Act.
2. In this respect have appraised the probation officer’s report on each of the applicants which I find responsive for this court to exercise discretion to review the custodial sentence to that of non-custodial as recommended by the probation officer. In weighing this matter generally speaking have taken into account aggravating factors and mitigating factors as combined determinant to review the sentence. Again in no special order of priority the applicants are young offenders with a characteristic of immaturity, there is no evidence of previous conviction and therefore good character of the applicants counts towards rehabilitation. During the proceedings at the trial court each of the accused pleaded guilty to the incident as an expression of remorse, that cooperation with the court and the police by the applicants after commission of the offence ought to have carried some weight peculiar to their vulnerability as young offenders.
3. The trial court in determining sentence to be imposed him or she is required to give consideration to a reduction in the sentence on account of a guilty plea. The rationale of the reduction principle is employed because a guilty plea obviates the need for a trial, it saves considerable costs and resources and in the case of an early plea like in the instant matter it saved victims and witnesses from the ordeal of giving oral evidence. A guilty plea also serves to encourage others to plead guilty where appropriate. It is therefore incumbent upon sentencing magistrates in the process of imposing the final verdict of the sentence to make allowance for a guilty plea. Unfortunately this was not the case here despite the compelling circumstances which existed in favour of the applicants.
4. In the foregoing reasons the custodial sentence is hereby varied and substituted with a non-custodial sentence for the balance of the period remaining to be placed on Community Service at Kakuma police post with effect from this order.
SIGNED, DATED AND DELIVERED THIS 3RD DAY OF MAY, 2024In the presence of;Mr. Kakoi for the stateApplicants presentR NYAKUNDIJUDGE