[2023] KEHC 21219 (KLR)
The court found that the trial magistrate had properly considered the Applicant's status as a first offender and his mitigation before imposing a fine of Kshs 50,000, with a default custodial sentence of eight months. The sentence was within the law and appropriate for the offence of breaking into a building and...
Source-derived case information.
- Citation
- [2023] KEHC 21219 (KLR)
- Parties
- Applicant: Andrew Gatitu Alias Kiragu; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Revision Case E555 of 2022
- Procedural Posture
- Criminal Revision / Ruling on Application for Sentence Review
- Outcome
- application dismissed
- Judges
- SM Mohochi
- Legal Topics
- Sentence Review, Breaking Into Building, Felony Offences, Penal Code Section 306, First Offender Mitigation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Andrew Gatitu Alias Kiragu
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Sentence Review
Legal Issues
- 1 Whether the sentence imposed on the Applicant for breaking into a building and committing a felony was correct, legal, and proper.
- 2 Whether the trial magistrate properly considered the Applicant's status as a first offender and his mitigation before sentencing.
Ratio Decidendi
The court found that the trial magistrate had properly considered the Applicant's status as a first offender and his mitigation before imposing a fine of Kshs 50,000, with a default custodial sentence of eight months. The sentence was within the law and appropriate for the offence of breaking into a building and committing a felony under Section 306 of the Penal Code. There was no error, illegality, or impropriety in the sentence that would warrant interference by the High Court on revision. Accordingly, the application for review was dismissed for lack of merit.
Court Disposition
application dismissed
Orders
- The application for review of sentence is dismissed.
- The sentence imposed by the trial court stands.
Full Case Text
Judgment text and source record
18 paragraphs
Gatitu alias Kiragu v Republic (Revision Case E555 of 2022) [2023] KEHC 21219 (KLR) (21 July 2023) (Ruling)
Neutral citation: [2023] KEHC 21219 (KLR)
Republic of Kenya
In the High Court at Nakuru
Revision Case E555 of 2022
SM Mohochi, J
July 21, 2023
Between
Andrew Gatitu Alias Kiragu
Applicant
and
Republic
Respondent
Ruling
1. The Applicant sought to review his sentence, having pleaded guilty and convicted and sentenced to a fine of Kshs 50,000 and upon default to serve imprisonment sentence of eight (8) months for the offence of breaking into a building and committing a felony contrary to Section 306 (a) as read together with Section 306 (b) of the Penal Code.
2. The Court has called for and reviewed the entire proceedings in Nakuru CM Criminal case no E.3375 of 2022 with a view of satisfying itself as to the correctness, legality or propriety of the sentence.
3. The Court finds no fault by the trial magistrate who considered the Applicant’s 1st offender’s status, his mitigation and fined him as the Penal Sanction in the 1st instance.The application is thus without merit and is accordingly dismissed.It is so ordered.
SIGNED, DATED AND DELIVERED IN OPEN COURT AT NAKURU ON THIS 21ST JULY 2023. ...................................................MOHOCHI S.MJUDGEIn the presence ofCourt Assistant – ScholaState Counsel – Ms. Mburu