[2023] KEHC 21216 (KLR)
The court found that the applicant, having pleaded guilty to the offence of stealing, was sentenced to 18 months imprisonment without the option of a fine. Upon review, the court determined that the trial court erred by not affording the applicant the option of a fine as provided for under Section 275 of the Penal...
Source-derived case information.
- Citation
- [2023] KEHC 21216 (KLR)
- Parties
- Applicant: Dennis Maina Kamau; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Revision Case E667 of 2022
- Procedural Posture
- Criminal Revision / Ruling on Application for Review of Sentence
- Outcome
- sentence varied; fine imposed with default imprisonment
- Judges
- SM Mohochi
- Legal Topics
- Sentencing Review, Plea of Guilty, Stealing Offence, Penal Code Interpretation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dennis Maina Kamau
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Review of Sentence
Legal Issues
- 1 Whether the sentence imposed on the applicant upon conviction on his own plea of guilty was correct, legal, and proper.
- 2 Whether the applicant should have been afforded the option of a fine or a lighter sentence instead of direct imprisonment.
Ratio Decidendi
The court found that the applicant, having pleaded guilty to the offence of stealing, was sentenced to 18 months imprisonment without the option of a fine. Upon review, the court determined that the trial court erred by not affording the applicant the option of a fine as provided for under Section 275 of the Penal Code. The High Court exercised its revisionary jurisdiction to vary the sentence, imposing a fine of Kshs 20,000 with a default sentence of 18 months imprisonment, thereby correcting the illegality and ensuring the sentence conformed to the law.
Court Disposition
sentence varied; fine imposed with default imprisonment
Orders
- The applicant is fined Kshs 20,000 and in default to serve imprisonment of 18 months.
- The imprisonment sentence shall run from 22nd November, 2022.
Full Case Text
Judgment text and source record
21 paragraphs
Kamau v Republic (Revision Case E667 of 2022) [2023] KEHC 21216 (KLR) (25 July 2023) (Ruling)
Neutral citation: [2023] KEHC 21216 (KLR)
Republic of Kenya
In the High Court at Nakuru
Revision Case E667 of 2022
SM Mohochi, J
July 25, 2023
Between
Dennis Maina Kamau
Applicant
and
Republic
Respondent
Ruling
1. The application for review under Section 362 as read with Section 64 of the Criminal Procedure Code has been placed before me for consideration.
2. The Court accordingly called for and reviewed the entire proceedings in Nakuru Criminal Case No E3734 of 2022 to satisfy itself as to the correctness, legality and propriety of the sentence imposed.
3. The Applicant was convicted and imprisoned on his own plea of guilty for the offence of stealing contrary to Section 268 as read together with Section 275 of the Penal Code.He was imprisoned for 18 months without an option of fine.
4. The Court has reviewed the proceedings noting that the Appellant was not afforded the option of a fine or other lighter sentence to imprisonment.This Court hereby varies the sentence imposed as follows: -
5. The Applicant is hereby fined a sum of Kshs 20,000 and in default to serve imprisonment of 18 months.
The imprisonment sentence shall run from the 22nd November, 2022. It is so ordered.
SIGNED, DATED AND DELIVERED IN OPEN COURT AT NAKURU ON THIS 25TH JULY 2023MOHOCHI S.MJUDGE__In the presence of: -Court Assistant – ScholaState Counsel – Ms. Mburu