[2024] KEHC 7468 (KLR)
The court found no justification to interfere with the custodial sentence imposed by the trial court, as the applicant was convicted on his own plea of guilty for serious offences under the Penal Code. The Sentence Review Report did not recommend a non-custodial sentence, and there were no exceptional circumstances...
Source-derived case information.
- Citation
- [2024] KEHC 7468 (KLR)
- Parties
- Applicant: Ishmael Moruri Kearri; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nyamira
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E052 of 2024
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Application for revision of sentence dismissed. Applicant to continue serving sentence in custody.
- Judges
- WA Okwany
- Legal Topics
- Plea of Guilty, Sentencing, Sentence Review, Malicious Damage to Property, Breaking Into Building
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ishmael Moruri Kearri
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant is entitled to a revision of sentence after conviction on plea of guilty.
- 2 Whether the circumstances justify a non-custodial sentence despite the probation officer's recommendation.
Ratio Decidendi
The court found no justification to interfere with the custodial sentence imposed by the trial court, as the applicant was convicted on his own plea of guilty for serious offences under the Penal Code. The Sentence Review Report did not recommend a non-custodial sentence, and there were no exceptional circumstances warranting revision. The applicant is to continue serving his sentence in custody.
Court Disposition
Application for revision of sentence dismissed. Applicant to continue serving sentence in custody.
Orders
- The applicant shall continue to serve his sentence in custody.
Full Case Text
Judgment text and source record
17 paragraphs
Kearri v Republic (Criminal Revision E052 of 2024) [2024] KEHC 7468 (KLR) (6 June 2024) (Ruling)
Neutral citation: [2024] KEHC 7468 (KLR)
Republic of Kenya
In the High Court at Nyamira
Criminal Revision E052 of 2024
WA Okwany, J
June 6, 2024
Between
Ishmael Moruri Kearri
Applicant
and
Republic
Respondent
(From the original Conviction and Sentence in the Senior Principal Magistrates’ Court at Keroka, Criminal Case No. MCCR E625 of 2023 by Hon. C. Ombija, Senior Resident Magistrate on 19th October 2023)
Ruling
1. The Applicant was convicted on his own plea of guilty for the offence of breaking into a building and committing a felony contrary to Section 306 (A) of the Penal Code and malicious damage to property contrary to Section 339 (1) of the Penal Code. The trial court sentenced him to serve 3 years’ imprisonment for each count, to run concurrently. The Applicant has served 5 months of his sentence. The Sentence Review Report filed on 3rd April 2024 by Probation Officer Peter Mogusu Ayienda does not recommend a non-custodial sentence. I hereby direct that the Applicant continues to serve his sentence in custody.Orders accordingly.
DATED AND DELIVERED AT NYAMIRA ON THIS 6TH DAY OF JUNE 2024. W.A. OKWANYJUDGE