[2014] KEHC 3493 (KLR)
The court found that the applicant's plea of guilty was unequivocal and the conviction was proper. However, considering the familial relationship between the applicant and the complainant, the applicant's willingness to pay for the damage, and the time already served in prison, the court determined that continued...
Source-derived case information.
- Citation
- [2014] KEHC 3493 (KLR)
- Parties
- Appellant: Eliud Kinyua Njue; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 2 of 2014
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Sentence
- Outcome
- Application for revision of sentence allowed in part; custodial sentence substituted with community service order.
- Judges
- HI Ong'udi
- Legal Topics
- Malicious Damage to Property, Sentencing, Community Service Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Eliud Kinyua Njue
Appellant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Whether the sentence imposed on the applicant for malicious damage to property was lawful and appropriate.
- 2 Whether the applicant should be allowed to serve the remainder of his sentence on community service orders.
Ratio Decidendi
The court found that the applicant's plea of guilty was unequivocal and the conviction was proper. However, considering the familial relationship between the applicant and the complainant, the applicant's willingness to pay for the damage, and the time already served in prison, the court determined that continued incarceration was not necessary for justice to be served. The court exercised its discretion to substitute the remainder of the custodial sentence with a community service order at Kangaru Police Post, allowing the applicant an opportunity for rehabilitation and reconciliation with his family.
Court Disposition
Application for revision of sentence allowed in part; custodial sentence substituted with community service order.
Orders
- The applicant shall serve the remainder of his prison term on Community Service Orders at Kangaru Police Post.
- The applicant shall report to the incharge Kangaru Police Post on 23/6/2014.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT EMBU
CRIMINAL REVISION NO. 2 OF 2014
ELIUD KINYUA NJUE ……..….……..…......................................APPELLANT
VERSUS
REPUBLIC……….………………..…………………...........…..…..RESPONDENT
From original conviction and sentence in Cr. Case No. 14 of 2014 at the Chief Magistrate’s Court Embu by HON. M. WACHIRA – CM on 17/1/2014
R U L I N G
The applicant herein was convicted of the offence of malicious damage to window panes valued at shs.2,500/=. He pleaded guilty to the charge. The facts indicate that he had come home drunk that day. The window panes he destroyed belonged to his sister.
A probation report presented to the Court showed that the applicant has wasted himself in alcohol drinking. He was therefore sent to Prison for 18 months with no option of a fine. The State has opposed this application saying there was nothing unlawful about the conviction or sentence.
The record confirms that the plea was unequivocal. The offence the applicant was convicted of is a misdemeanor with a sentence of upto five (5) years imprisonment. Given that the complainant is a sister to the applicant and that he is ready to pay for the broken window panes, it’s only fair that he be given a chance to reconcile with his family. He was convicted on 17/1/2014 and should be due for release around the same time in 2015. Being in Prison for six (6) months should have taught him a few lessons. I therefore order that he serves the remaining Prison term on Community Service Orders at Kangaru Police Post. He should report to the incharge on 23/6/2014.
H.I. ONG’UDI
JUDGE
A copy of this order should be served on the incharge Kangaru Police Post and County Probation Officer Embu and if the applicant does not report for work he should be arrested and brought back here for necessary action.
DATED, SIGNED AND DELIVERED AT EMBU THIS 20TH DAY OF JUNE 2014.
H.I. ONG'UDI
JUDGE
In the presence of:-
M/s Mbae for State
Applicant – present
Njue/Kirong – C/c