[2016] KEHC 5666 (KLR)
The court found that, given the applicant's status as a first offender, his remorse, and his role as sole breadwinner for his children, the circumstances justified revision of the custodial sentence. The court exercised its discretion under Section 362 of the Criminal Procedure Code to substitute the remaining...
Source-derived case information.
- Citation
- [2016] KEHC 5666 (KLR)
- Parties
- Appellant: Henry Mutembei; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 20 of 2016
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Sentence
- Outcome
- sentence revised; custodial sentence substituted with community service order
- Judges
- MM Kasango
- Legal Topics
- Narcotic Offences, Sentencing Revision, Plea of Guilty
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Henry Mutembei
Appellant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Whether the applicant's custodial sentence should be revised to a non-custodial sentence.
- 2 Whether the circumstances of the applicant justify exercise of the court's revisionary powers.
Ratio Decidendi
The court found that, given the applicant's status as a first offender, his remorse, and his role as sole breadwinner for his children, the circumstances justified revision of the custodial sentence. The court exercised its discretion under Section 362 of the Criminal Procedure Code to substitute the remaining custodial sentence with a community service order at Imenti Primary School. The decision was guided by the probation report and the need to balance punishment with rehabilitation and family responsibilities.
Court Disposition
sentence revised; custodial sentence substituted with community service order
Orders
- The applicant, Henry Mutembei, shall serve the remaining sentence by doing Community Service at Imenti Primary School.
- The applicant shall be released from custody unless otherwise lawfully held.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NANYUKI
HCCR REVISION NO.20 OF 2016
HENRY MUTEMBEI…………….....................................………APPELLANT
VERSUS
REPUBLIC…………………………………..........…………..RESPONDENT
RULING
1. The applicant,HENRY MUTEMBEI, was convicted on his own plea of guilty to the offence of possession of narcotic drug Contrary to Section 3 (2) (a) of the Narcotic Drugs and Psychotropic Substance Control Act. He was sentenced before the Nanyuki Chief Magistrate’s court to serve 18 months prison sentence. He has so far served 7 months of that sentence.
2. This matter is before me with a request to exercise this court’s power of revision as provided under Section 362 of the Criminal Procedure Code Cap 75.
3. To assist this court consider revision a probation report on the applicant was availed. It reveals that the applicant who is 53 years old is a first offender. He is the sole bread winner of his children after his wife deserted the matrimonial home. He is remorseful and requests for the remainder of sentence to be non-custodial.
4. Having considered the probation report and the submissions of the prosecution counsel I find that this is a proper case to revise the applicant’s sentence.
5. Accordingly I order HENRY MUTEMBEI to serve the remaining sentence doing Community Service at IMENTI Primary School. To that end the applicant shall be released from custody unless otherwise lawfully held.
Dated and Delivered at Nanyuki this 20th April, 2016
MARY KASANGO
JUDGE
Coram
Before Justice Mary Kasango
Court Assistant – Njue
For Applicant ………………………….....
For state ………………………………….
COURT
Ruling delivered in open court
MARY KASANGO
JUDGE