[2019] KEHC 5972 (KLR)
The court found that the applicant, while serving a probation order for convictions of threatening to kill and malicious damage to property, committed and was convicted of a further offence of stealing. This constituted a clear breach of the probation conditions, specifically the requirement not to commit any...
Source-derived case information.
- Citation
- [2019] KEHC 5972 (KLR)
- Parties
- Applicant: Joseph Mutiso Mutisya; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Makueni
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 203 of 2018
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- probation revoked; applicant to serve unserved sentence
- Legal Topics
- Probation Revocation, Breach of Probation Conditions, Sentencing, Malicious Damage to Property, Threats to Kill, Recidivism
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Mutiso Mutisya
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant breached the conditions of probation by committing a subsequent offence.
- 2 Whether the probation order should be revoked as a result of the breach.
- 3 What is the appropriate consequence for the breach of probation conditions.
Ratio Decidendi
The court found that the applicant, while serving a probation order for convictions of threatening to kill and malicious damage to property, committed and was convicted of a further offence of stealing. This constituted a clear breach of the probation conditions, specifically the requirement not to commit any further offences during the probation period. The breach justified the revocation of the probation order. Consequently, the court revoked the probation order made on 14th December 2018 and ordered that the applicant serve the unserved portion of his original sentence for the offences in Makueni SPM Cr. Case No.440/2018.
Court Disposition
probation revoked; applicant to serve unserved sentence
Orders
- The probation order made on 14th December 2018 in respect of Makueni SPM Cr. Case No.440/2018 is revoked.
- The applicant to serve the unserved sentence.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MAKUENI
HC.CR. REV.NO. 203 OF 2018
JOSEPH MUTISO MUTISYA................................................APPLICANT
-VERSUS-
REPUBLIC............................................................................RESPONDENT
RULING
1. The Applicant in this matter was convicted vide Makueni SPM’s Cr. Case No.440/2018 and sentenced on 27/09/2018 as follows: -
Count I: One-year imprisonment for threatening to kill contrary to Section 223 (1) of the Penal Code.
Count II: Fifteen (15) months imprisonment for malicious damage to property contrary to Section 339(1) Penal Code. The sentences were to run concurrently.
2. On 14th December 2018, the Applicant was placed on probation I believe for the remaining term of the sentence, by Justice Wakiaga.
3. While on probation he was arrested, charged and convicted vide Makueni SPM’s criminal case No.101/2019 for the offence of stealing contrary to Section 268 Penal Code. He was sentenced to one (1) year imprisonment on 8th March, 2019.
4. One of the conditions to be observed while one is serving on probation is to avoid committing any offence. The Applicant breached the said condition and the obvious result is revocation of the probation order from the date of commission of the said offence in Makueni SPM’s Cr. Case No.101/2019.
5. The Probation Order made on 14th December, 2018 in respect of Makueni SPM Cr. Case No.440/2018 is hereby revoked. The Applicant to serve the unserved sentence.
Orders accordingly.
DELIVERED, SIGNED AND DATED THIS 24TH DAY OF MAY, 2019 IN OPEN COURT AT MAKUENI.
............................
H. I ONG’UDI
JUDGE