[2023] KEHC 1467 (KLR)
The court found that while the sentence imposed was legal, the default custodial sentence of three years on count 2 was harsh. The court exercised its revisionary jurisdiction to reduce the default period to two years, taking into account the period the applicant was in custody from August 12, 2021, to August 2,...
Source-derived case information.
- Citation
- [2023] KEHC 1467 (KLR)
- Parties
- Applicant: Patrick Kariuki alias Hoofman; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Naivasha
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E188 of 2022
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- sentence revised
- Judges
- GL Nzioka
- Legal Topics
- Sentencing Revision, Default Sentence, Remission of Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Patrick Kariuki alias Hoofman
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the sentence imposed on the applicant was harsh or excessive and warranted revision.
- 2 Whether the period spent in custody prior to sentencing should be taken into account in computing the sentence.
Ratio Decidendi
The court found that while the sentence imposed was legal, the default custodial sentence of three years on count 2 was harsh. The court exercised its revisionary jurisdiction to reduce the default period to two years, taking into account the period the applicant was in custody from August 12, 2021, to August 2, 2022. The court further held that one year of the two-year default sentence would not attract remission, but the last year would, resulting in the applicant serving eight months, ending April 2, 2023. The sentence on count 1 was deemed served, and the six-month sentence on the last count was already served. The committal records were ordered to be amended to enable the applicant's...
Court Disposition
sentence revised
Orders
- The sentence on count 1 is served, taking into account the period in custody from August 12, 2021.
- The fine on count 2 is retained but the default custodial period is reduced to two years, with remission applicable to the last year only.
Full Case Text
Judgment text and source record
16 paragraphs
Kariuki v Republic (Criminal Revision E188 of 2022) [2023] KEHC 1467 (KLR) (28 February 2023) (Ruling)
Neutral citation: [2023] KEHC 1467 (KLR)
Republic of Kenya
In the High Court at Naivasha
Criminal Revision E188 of 2022
GL Nzioka, J
February 28, 2023
Between
Patrick Kariuki alias Hoofman
Applicant
and
Republic
Respondent
Ruling
1. I note that, the Probation officer’s report is on record, I have gone through the same and I find that it is positive. It is however clear that, the sentence imposed is legal, although on count 2, the 3 years is rather harsh. I therefore revise it as follows;-a.The period of 12 months to remain but take into account the period the applicant was in custody from August 12, 2021. In that case, the sentence on count 1 is served.b.The fine on count 2, is retained save the default period is reduced to two years. Again that will take into account the period the applicant was in custody from August 12, 2021 to August 2, 2022 when he was sentenced. Therefore one year of the two years will not attract remission. However, the last one year shall attract remission (if any) in which case, the applicant will serve 8 months which should end April 2, 2023. As regards, the last count I believe the six (6) months is already served. The applicant’s committal records shall read accordingly and amended to enable his release on April 2, 2023. c.It is so ordered
DATED, DELIVERED AND SIGNED THIS 28TH FEBRUARY, 2023GRACE L. NZIOKAJUDGEIn the presence of:-Applicant present virtuallyMr. Atika for the stateMs Ogutu-Court Assistant