[2020] KEHC 7225 (KLR)
The court found that the circumstances of the applicants, including the advanced age of the second applicant, the guilty plea and familial relationship of the first applicant to the complainant, and the fact that both had already served significant portions of their sentences, justified a revision of the sentences....
Source-derived case information.
- Citation
- [2020] KEHC 7225 (KLR)
- Parties
- Applicant: Elijah Wagura Gitonga; Applicant: Geofrey Maina Muraguri; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 8 of 2020
- Procedural Posture
- Criminal Revision / Order on Revision
- Outcome
- sentences set aside and substituted with time served; applicants to be released unless otherwise lawfully held
- Legal Topics
- Sentencing Revision, Stealing, Conspiracy to Defraud, Personation, Obtaining by False Pretences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Elijah Wagura Gitonga
Applicant
Geofrey Maina Muraguri
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Order on Revision
Legal Issues
- 1 Whether the sentences imposed by the trial court on the applicants should be revised in light of the circumstances, including age, plea of guilt, time served, and the COVID-19 crisis.
Ratio Decidendi
The court found that the circumstances of the applicants, including the advanced age of the second applicant, the guilty plea and familial relationship of the first applicant to the complainant, and the fact that both had already served significant portions of their sentences, justified a revision of the sentences. The ongoing COVID-19 crisis further supported the need to reduce custodial sentences to mitigate health risks. Exercising its revisionary jurisdiction, the court set aside the original sentences and substituted them with sentences of time already served, ordering the immediate release of both applicants unless otherwise lawfully held.
Court Disposition
sentences set aside and substituted with time served; applicants to be released unless otherwise lawfully held
Orders
- The sentences imposed by the trial court are set aside and substituted with sentences of time already served for each count and each convict (concurrent).
- Both convicts shall be set at liberty forthwith unless otherwise lawfully held.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NANYUKI
CRIMINAL REVISION NO.8 OF 2020
ELIJAH WAGURA GITONGA
GEOFREY MAINA MURAGURI....................................APPLICANTS
VERSUS
REPUBLIC.........................................................................RESPONDENT
(Revision of the Original Sentence dated 08. 03. 2019 in Nanyuki Criminal Case No.910 of 2018 – N. Thuku, PM)
23/03/2020
Before Justice H P G Waweru
In Chambers
ORDER ON REVISION
1. The 1st Convict herein, ELIJAH WAGURA GITONGA, was on 08. 03. 2019 sentenced to 3 years imprisonment on each of three counts (concurrent) of Stealing contrary to Section 268(1) and 275 of the Penal Code; Conspiracy to Defraud contrary to Section 317 of the penal code; and Personation contrary to Section 382(1) of the Penal Code.
2. The 2nd Convict, GODFREY MAINA MURAGURI, was on 21. 01. 2020 sentenced to 1 ½ years, six (6) months and 1 ½ years imprisonment (concurrent) respectively for the offences of conspiracy to Defraud contrary to Section 317 of the Penal Code; Personation contrary to Section 382(1) of the Penal Code; and obtaining money by false pretences contrary to Section 313 of the Penal Code.
3. I note that the convict Godfrey Maina Muraguri is an elderly man in his 70s. I also note that the convict Elijah Wagura Gitonga was a son of the complainant and that he pleaded guilty to the offences. He has now served already over a year of his sentences. Having examined the record of the trial court, and because of the current Coronavirus (COVID – 19) crisis in our country, and in exercise of the Powers of this court under Article 159(2) of the Constitution and Section 362 and 364 of the Criminal Procedure Code, I hereby set aside the sentences imposed by the trial court and substitute therefor for each count and for each convict the time already served (Concurrent).
4. Both convicts shall therefore be set at liberty forthwith unless otherwise lawfully held. It is so ordered.
DATED AT NANYUKI THIS 23RD DAY OF MARCH, 2020
H.P.G. WAWERU
JUDGE.
DEPUTY REGISTRAR
NANYUKI HIGH COURT