[2023] KEHC 17746 (KLR)
The court found that the applicant had served one and a half years in custody, which was deemed adequate for reflection on his conduct. Considering the pre-sentence report and the period already served, the court exercised its discretion to review the original five-year custodial sentence. The applicant was ordered...
Source-derived case information.
- Citation
- [2023] KEHC 17746 (KLR)
- Parties
- Applicant: Hassan Wangari Kariuki; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Naivasha
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E021 of 2022
- Procedural Posture
- Miscellaneous Criminal Application / Sentence Review Ruling
- Outcome
- custodial sentence reviewed; applicant to serve probation after partial custody
- Judges
- GL Nzioka
- Legal Topics
- Sentence Review, Custodial Sentence, Probation Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Hassan Wangari Kariuki
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Sentence Review Ruling
Legal Issues
- 1 Whether the period already served in custody by the applicant is sufficient to warrant a review of the five-year custodial sentence.
- 2 Whether the applicant should be released on probation after serving part of the custodial sentence.
Ratio Decidendi
The court found that the applicant had served one and a half years in custody, which was deemed adequate for reflection on his conduct. Considering the pre-sentence report and the period already served, the court exercised its discretion to review the original five-year custodial sentence. The applicant was ordered to serve a full custodial sentence from 21st February 2022 to 2nd May 2023, after which he would be released on probation for 12 months. The court emphasized that any offence committed during probation would result in the remainder of the five-year sentence being served in custody.
Court Disposition
custodial sentence reviewed; applicant to serve probation after partial custody
Orders
- The applicant shall serve a full custodial sentence without remission from 21st February 2022 to 2nd May 2023.
- The applicant shall be released on probation for 12 months from 3rd May 2023 to 3rd May 2024.
Full Case Text
Judgment text and source record
17 paragraphs
Kariuki v Republic (Miscellaneous Criminal Application E021 of 2022) [2023] KEHC 17746 (KLR) (2 May 2023) (Ruling)
Neutral citation: [2023] KEHC 17746 (KLR)
Republic of Kenya
In the High Court at Naivasha
Miscellaneous Criminal Application E021 of 2022
GL Nzioka, J
May 2, 2023
Between
Hassan Wangari Kariuki
Applicant
and
Republic
Respondent
Ruling
1. Pursuant to the ruling delivered in this matter on 12th April 2023, and having considered the pre-sentence report dated 13th April 2023, I find that, the period of one and half years the applicant has been in the custody is adequate for him to have reflected on his conduct.
2. I therefore review the five (5) years custodial sentence herein as follows:-a.He shall serve a full custodial sentence without remission with effect from 21st February 2022 when he was arraigned in court to 2nd May 2023. b.He shall then be released on Probation for a further period of 12 months with effect from 3rd May 2023 to 3rd May 2024. The In charge Probation Department shall file reports in court, quarterly on the progress of the Probationary sentence. The Hon. Deputy Registrar shall ensure the filing of, the reports is complied with.c.If the applicant commits any other offence during the period on Probation, Probationary sentence shall automatic end and be substituted with a custodial sentence, of the remaining period of the 5 years, which will not have been served.It is so ordered
DATED, DELIVERED, SIGNED ON THIS 2ND DAY OF MAY 2023GRACE L. NZIOKAJUDGEIn the presence of:-Applicant in court/ virtuallyMr. Atika for the RespondentMs Ogutu- Court assistant