[2024] KEHC 6622 (KLR)
The court found that, considering the circumstances of the case and the applicant's plea of guilty, the period already served in custody was sufficient punishment for the offence of malicious damage to property. The sentence was therefore reviewed from a fine of Kshs. 20,000 or three months imprisonment to the...
Source-derived case information.
- Citation
- [2024] KEHC 6622 (KLR)
- Parties
- Applicant: Stephen Juma; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E146 of 2024
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- sentence reviewed to period served; applicant to be released unless otherwise lawfully held
- Judges
- RN Nyakundi
- Legal Topics
- Malicious Damage to Property, Plea of Guilty, Sentence Review
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stephen Juma
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the sentence imposed on the applicant upon a plea of guilty was excessive in the circumstances.
- 2 Whether the period already served by the applicant was sufficient punishment for the offence committed.
Ratio Decidendi
The court found that, considering the circumstances of the case and the applicant's plea of guilty, the period already served in custody was sufficient punishment for the offence of malicious damage to property. The sentence was therefore reviewed from a fine of Kshs. 20,000 or three months imprisonment to the period already served, and the applicant was ordered to be released unless otherwise lawfully held.
Court Disposition
sentence reviewed to period served; applicant to be released unless otherwise lawfully held
Orders
- The sentence imposed on the applicant is reviewed to the period already served in custody.
- The applicant shall be set at liberty unless otherwise lawfully held.
Full Case Text
Judgment text and source record
19 paragraphs
Juma v Republic (Criminal Revision E146 of 2024) [2024] KEHC 6622 (KLR) (6 June 2024) (Ruling)
Neutral citation: [2024] KEHC 6622 (KLR)
Republic of Kenya
In the High Court at Eldoret
Criminal Revision E146 of 2024
RN Nyakundi, J
June 6, 2024
Between
Stephen Juma
Applicant
and
Republic
Respondent
Ruling
Representation:Mr. Mark Mugun for the state 1. The applicant was charged with the offence of Malicious damage to property, contrary to Section 339(1) as read with Section 339(2) a of the Penal Code.
2. The applicant pleaded guilty to the offence before Hon. C. Kesse on 19th April, 2024 and as a consequence, he was convicted on his own plea of guilty and sentenced to a fine of Kshs. 20,000/= in default 3 months imprisonment.
3. The sentenced imposed runs to 19th June, 2024, which according to the sentence review report filed on 31st May, 2024, the Accused wishes to serve the sentence imposed to completion. I however find that given the circumstances of the case, the period already served is sufficient and the sentenced is hereby reviewed to the period served in custody. The applicant shall be set at liberty, unless he is otherwise lawfully held.
4. It is so ordered.
SIGNED, DATE AND DELIVERED AT ELDORET THIS 6THDAY OF JUNE 2024. .....................R. NYAKUNDIJUDGE