[2017] KEHC 632 (KLR)
The court found that the lower court erred by imposing a single sentence for a compound offence comprising house breaking and stealing, without distinguishing between the two limbs as required by law. Considering the applicant's adverse antecedents and the fact that most of the stolen property, including police...
Source-derived case information.
- Citation
- [2017] KEHC 632 (KLR)
- Parties
- Applicant: Isaac Chege Ndungu; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Naivasha
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 6 of 2017
- Procedural Posture
- Criminal Revision / Application for Revision of Sentence After Conviction and Sentencing
- Outcome
- sentence varied on revision
- Judges
- CW Meoli
- Legal Topics
- Sentencing Principles, House Breaking, Stealing, Compound Offences, Revision of Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Isaac Chege Ndungu
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Application for Revision of Sentence After Conviction and Sentencing
Legal Issues
- 1 Whether the lower court erred in sentencing by not considering the individual limbs of the compound offence.
- 2 Whether the sentence imposed was appropriate in light of the applicant's antecedents and the recovery of stolen property.
Ratio Decidendi
The court found that the lower court erred by imposing a single sentence for a compound offence comprising house breaking and stealing, without distinguishing between the two limbs as required by law. Considering the applicant's adverse antecedents and the fact that most of the stolen property, including police uniform and kit, was recovered, the court determined that the appropriate remedy was to set aside the five-year sentence and substitute it with four years' imprisonment on each limb of the offence, to run concurrently from the original sentencing date.
Court Disposition
sentence varied on revision
Orders
- The sentence of five years imprisonment is set aside.
- The applicant is sentenced to four years imprisonment on each of the two limbs of the offence.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIVASHA
CRIMINAL REVISION NO. 6 OF 2017
(From Original Conviction and Sentence in Criminal Case No. 1387 of 2016 of the Chief Magistrate’s Court at Naivasha, E. Kimilu - PM)
ISAAC CHEGE NDUNGU..........................................................APPLICANT
-VERSUS-
REPUBLIC...............................................................................PROSECUTOR
ORDER ON REVISION
1. The Accused/Applicant pleaded guilty and was sentenced in respect of a compound offence of House breaking contrary to Section 304 (1)(b) and Stealing contrary to Section 279 (b) of the Penal Code. However the sentence imposed did not take cognisance of the individual limbs of the offence. The Accused/Applicant has now sought review of his sentence.
2. Having reviewed the lower court file, I have noted the circumstances of the offence and the Accused’s/Applicant’s adverse antecedents. The Accused/Applicant had just completed a jail term on a similar offence when he committed the present offence. Even so, most of the stolen property which, significantly included police uniform and kit was recovered.
3. Therefore in correcting the sentencing error of the lower court that has come to my attention, and having regard to the circumstances of this case, I would set aside the sentence of five years imprisonment. And substitute therefor a sentence of four (4) years imprisonment on each of the two limbs of the offence. The sentences will run concurrently from the date of the sentencing (15th September, 2016).
Written and signed at Naivasha this24thday of March, 2017.
C. MEOLI
JUDGE