[2013] KEHC 2513 (KLR)
The court found that the sentence of five years imprisonment imposed on the applicant for the offence of stealing under Section 275 of the Penal Code was illegal, as the maximum sentence provided by law is three years. Exercising its revisionary jurisdiction under Sections 362 and 363(2) of the Criminal Procedure...
Source-derived case information.
- Citation
- [2013] KEHC 2513 (KLR)
- Parties
- Applicant: Janet Ayemba; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 174 of 2012
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- sentence revised; applicant to be released immediately
- Judges
- JK Sergon
- Legal Topics
- Sentencing Illegality, Revisionary Jurisdiction, Stealing Offences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Janet Ayemba
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the sentence imposed on the applicant exceeded the statutory maximum for the offence of stealing under Section 275 of the Penal Code.
- 2 Whether the court should exercise its revisionary jurisdiction to correct an illegal sentence.
Ratio Decidendi
The court found that the sentence of five years imprisonment imposed on the applicant for the offence of stealing under Section 275 of the Penal Code was illegal, as the maximum sentence provided by law is three years. Exercising its revisionary jurisdiction under Sections 362 and 363(2) of the Criminal Procedure Code, the court set aside the illegal sentence and substituted it with a sentence of twelve months, taking into account that the applicant was a first offender, pleaded guilty, and was remorseful. As the applicant had already served the substituted sentence in full, the court ordered her immediate release.
Court Disposition
sentence revised; applicant to be released immediately
Orders
- The sentence of five years imprisonment is set aside and substituted with a sentence of twelve months from 12th June 2012.
- The applicant having served the substituted sentence in full, is to be released from prison immediately.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KERICHO
CRIMINAL REVISION NO.174 OF 2012
(Arising from Kericho CM Criminal Case No.911 of 2012)
JANET AYEMBA - APPLICANT
VERSUS
REPUBLIC - RESPONDENT
RULING
On 7th day of June 2012, Janet Ayemba, hereinafter referred to as the Applicant, pleaded guilty to the charge of Stealing contrary to Section 275 of the Penal Code. The court prosecutor outlined the facts in support of charge on 12th June 2012 which facts were confirmed by the applicant to be truth. The Applicant was thereafter convicted and sentenced to serve five (5) years imprisonment. The aforesaid proceedings in Kericho CMCR.C. No. 911 of 2012, R -vs- Janet ayemba was placed before this court to peruse pursuant to Section 363(2) of the Criminal Procedure Code.
In exercising the supervisory power of revision under Section 362 of the Criminal Procedure Code, this court is enjoined to satisfy itself as to the correctness, legality and propriety of the decision made or recorded by the subordinate court. I have carefully perused the record and it is clear that the applicant was convicted and sentenced to serve 5 years for the offence of stealing under Section 275 of the Penal Code.The maximum sentence provided for such an offence is three (3) years. The sentence pronounced against the applicant was therefore illegal and must be set aside. The record shows that the applicant was a first offender and had readily pleaded guilty. It would also appear from the record that she was remorseful. I think a lenient sentence should have been given in the circumstances. Consequently, I set aside the order of sentence of 5 years and substitute it with a sentence of 12 months from the date of sentence i.e. from 12th June 2012. It means that the applicant has served sentence in full.
Consequently she should be released from prison immediately.
Dated, signed and delivered at Kericho this 15th day of July 2013.
J. K. SERGON
JUDGE