[2019] KEHC 197 (KLR)
The court found that although the trial court observed the appellant was not remorseful, the appellant had pleaded guilty, was treated as a first offender, and had demonstrated efforts at rehabilitation, including acquiring carpentry skills and expressing remorse. The court noted that the appellant had served about...
Source-derived case information.
- Citation
- [2019] KEHC 197 (KLR)
- Parties
- Appellant: Jackson Nderitu Wanjagua; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nyahururu
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 50 of 2018
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- Pre-sentence report ordered to consider suitability for community service order before final determination on sentence.
- Judges
- RPV Wendoh
- Legal Topics
- Sentencing Principles, Plea of Guilty, Rehabilitation, First Offender, Mitigation, Community Service Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jackson Nderitu Wanjagua
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence of four years imprisonment imposed on the appellant was excessive in the circumstances.
- 2 Whether the appellant should benefit from a community service order (CSO) instead of continued imprisonment.
Ratio Decidendi
The court found that although the trial court observed the appellant was not remorseful, the appellant had pleaded guilty, was treated as a first offender, and had demonstrated efforts at rehabilitation, including acquiring carpentry skills and expressing remorse. The court noted that the appellant had served about one year and nine months of his four-year sentence and had a young family dependent on him. In light of these mitigating factors, the court determined that it was appropriate to call for a pre-sentence report to assess the suitability of a community service order (CSO) before making a final decision on whether to substitute the remaining custodial sentence with a non-custodial...
Court Disposition
Pre-sentence report ordered to consider suitability for community service order before final determination on sentence.
Orders
- A pre-sentence report shall be prepared to determine if the appellant can benefit from a community service order (CSO).
- Mention scheduled for 18/12/2019.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NYAHURURU
CRIMINAL APPEAL NO.50 OF 2018
(Appeal Originating from Nyahururu CM’s Court Cr.No.1938 of 2017 by: Hon. O. Momanyi– S.R.M.)
JACKSON NDERITU WANJAGUA..................APPELLANT
V E R S U S
REPUBLIC.......................................................RESPONDENT
J U D G M E N T
Jackson Nderitu Wanjagua was convicted by Hon. Momanyi Ocharo on his own plea of guilty on 5/4/2018 for the offence of breaking into a building and committing a felony contrary to Section 306(a) of the Penal Code.
He was sentenced to serve four (4) years imprisonment.
Being aggrieved by both the conviction and sentence, he filed this appeal challenging both the conviction and sentence.
At the hearing of the appeal, however, the appellant abandoned the appeal on conviction and opted to proceed with the appeal on sentence.
He submitted that he pleaded guilty to the charge, was treated as a first offender, is remorseful; that he is aged 34 years and has a young family for which he is a breadwinner.
He also stated that he has been rehabilitated in prison, has learnt carpentry and has undergone programmes that will assist him know how to live at peace in the community.
Ms. Rugut opposed the appeal and stated that the appellant was liable to 7 years imprisonment under the Section 306(c) Penal Code, which he was charged but was only handed 4 years imprisonment; that the court noted that he was not remorseful and therefore the court should not interfere with the sentence.
I have considered the submissions. The prosecution treated the appellant as a first offender. He pleaded guilty to the offence and therefore saved the court’s precious time of hearing witnesses and writing a judgment. Although the trial court observed that he did not seem to be remorseful, the appellant asked for forgiveness and stated that he was drunk. He claims to have been rehabilitated by the programmes in prison and has now got a trade of his own in carpentry. He also claims to have a young family for which he cares. He is a young man of 34 years. He was sentenced to prison on 5/4/2018. So far, he has served about one year, nine months.
The court will therefore, call for a pre-sentence report to enquire whether he can benefit from CSO before he can be released back into society.
Mention on 18/12/2019.
Dated, Signed and Delivered at Nyahururu this 11thday ofDecember,2019.
.................................
R.P.V. Wendoh
JUDGE
PRESENT:
Ms. Rugut – prosecution counsel
Soi – court assistant