[2020] KEHC 7151 (KLR)
The court found that the applicant, having pleaded guilty, being a first offender, and having facilitated the recovery of most of the stolen property, deserved leniency. The positive report from the prison officer regarding the applicant's conduct further supported the exercise of judicial discretion to suspend the...
Source-derived case information.
- Citation
- [2020] KEHC 7151 (KLR)
- Parties
- Applicant: Evans Makwata Mukonyi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 27 of 2020
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Sentence
- Outcome
- Application for revision of sentence allowed; remainder of sentence suspended.
- Judges
- RE Aburili
- Legal Topics
- Sentencing Revision, Stealing by Servant, Mitigation, Suspension of Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Evans Makwata Mukonyi
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Whether the sentence imposed on the applicant was excessive or warranted revision.
- 2 Whether the recovery of stolen property and the applicant's conduct justified suspension of the remaining sentence.
Ratio Decidendi
The court found that the applicant, having pleaded guilty, being a first offender, and having facilitated the recovery of most of the stolen property, deserved leniency. The positive report from the prison officer regarding the applicant's conduct further supported the exercise of judicial discretion to suspend the remainder of the sentence. The inability to obtain a probation report due to the COVID-19 pandemic was noted, but the available facts and the applicant's conduct justified the revision. The court therefore suspended the remainder of the prison term and ordered the applicant's release, subject to a stern warning against reoffending within six months.
Court Disposition
Application for revision of sentence allowed; remainder of sentence suspended.
Orders
- The remainder of the applicant's prison term is suspended.
- The applicant Evans Makwata Mukonyi is to be released from prison immediately.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
CRIMINAL REVISION NO. 27 OF 2020
(CORAM: R. E. ABURILI - J.)
EVANS MAKWATA MUKONYI............................................APPLICANT
VERSUS
REPUBLIC............................................................................RESPONDENT
(Being an Application for revision of sentence vide Principal Magistrate’s Court, Bondo Criminal Case No. 749 of 2019 dated 21. 1.2020 before Hon. S. Mathenge, Resident Magistrate)
RULING
1. On 18/10/2019, Evans Makwata Mukonyi was convicted on his own plea of guilty for the offence of stealing by servant contrary to Section 281 of the Penal Code.
2. He was sentenced to serve 12 months imprisonment after mitigation. The Prosecution stated that he is a first offender. No Probation report was called for and this court cannot call for one as the Probation Officer is unable to access prisons to interview inmates owing to COVID-19 pandemic.
3. I have considered the above and the fact that most of the stolen properties of the complainant were recovered and returned to him. The convict was his employee and he led to the recovery of the items after he was cornered.
4. The convict has served 5 months of the 12 months imprisonment. The Officer In-charge, Siaya G.K. Prison send a positive report on his general character and conduct.
5. In view of the above, I exercise discretion and suspend the remainder of the prison term and order for the release of the convict EVANS MAKWATA MUKONYI from prison with a stern warning that he shall not reoffend in the next six months or risk recommittal to complete sentence.
6. Orders accordingly.
Dated, signed and Delivered at Siaya, this 20th Day of March, 2020.
R.E. ABURILI
JUDGE