[2024] KEHC 15048 (KLR)
The High Court found that the applicant, having pleaded guilty to the offence of stealing and being a first offender, had demonstrated remorse and had already served a period in custody sufficient to meet the objectives of sentencing. The court emphasized that custodial sentences should be avoided for misdemeanours,...
Source-derived case information.
- Citation
- [2024] KEHC 15048 (KLR)
- Parties
- Applicant: Emmanuel Koech; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E268 of 2024
- Procedural Posture
- Criminal Revision / Ruling on Application for Sentence Review
- Outcome
- sentence reviewed; applicant released unless otherwise lawfully held
- Judges
- RN Nyakundi
- Legal Topics
- Sentencing Review, Non Custodial Sentences, Plea of Guilty, Mitigation, First Offender, Penal Code Offences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Emmanuel Koech
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Sentence Review
Legal Issues
- 1 Whether the sentence imposed by the trial court was appropriate in light of the applicant's plea of guilty and mitigating circumstances.
- 2 Whether the applicant should be considered for a non-custodial sentence as a first offender.
Ratio Decidendi
The High Court found that the applicant, having pleaded guilty to the offence of stealing and being a first offender, had demonstrated remorse and had already served a period in custody sufficient to meet the objectives of sentencing. The court emphasized that custodial sentences should be avoided for misdemeanours, especially for first offenders who are receptive to rehabilitation. The court also noted that the circumstances of the case would have been suitable for victim-offender mediation. Taking into account the period already served, the court held that further custodial punishment was unnecessary and disproportionate. Accordingly, the sentence was reviewed to the period already...
Court Disposition
sentence reviewed; applicant released unless otherwise lawfully held
Orders
- The sentence imposed by the trial court is reviewed to the period already served.
- The applicant is at liberty unless otherwise lawfully held.
Full Case Text
Judgment text and source record
22 paragraphs
Koech v Republic (Criminal Revision E268 of 2024) [2024] KEHC 15048 (KLR) (29 November 2024) (Ruling)
Neutral citation: [2024] KEHC 15048 (KLR)
Republic of Kenya
In the High Court at Eldoret
Criminal Revision E268 of 2024
RN Nyakundi, J
November 29, 2024
Between
Emmanuel Koech
Applicant
and
Republic
Respondent
Ruling
1. The applicant was charged with the offence of stealing contrary to section 268 as read with section 275 of the Penal Code. The particulars of the offence are that on 18th February, 2024 at Chepkoilel junction, Kimumu location, Moiben Sub-County within Uasin Gishu County the applicant stole a mobile phone make Nokia C22 valued at Kshs. 28,000/= the property of Benard Kimutai.
2. The applicant pleaded guilty to the offence and as a consequence, he was convicted on his own plea of guilty and sentenced to a fine of Kshs. 38,270/= and in default serve 12 months’ imprisonment.
3. The applicant has approached this court pursuant to sections 357,362,364& 382 of the Criminal Procedure Code as construed with Article 50(2) (p) & (q) as conjunctively read with Article 50(6)(a) & (b) of the Constitution.
4. The applicant seeks review of the sentence imposed by the trial court. The applicant wishes to be considered for a non-custodial sentence. I have reviewed the record and the mitigating factors advanced by the applicant at the trial court.
5. In determining whether to impose a custodial or non-custodial sentence, the court is required to take into account the following factors: -a)Gravity of the offence: - sentence of imprisonment should be avoided for misdemeanour.b)Criminal history of the offender. Taking into account the seriousness of the offences, first offenders should be considered for non-custodial sentence.c)Character of the offender: - non-custodial sentence are best suited for offenders who are already remorseful and receptive to rehabilitative measures.d)Protection of the community: - where the offender is likely to pose a threat to the community.e)Offender’s responsibility to third parties: - where there are people depending on the offender.f)Children in conflict with the law: - non- custodial orders should be imposed as a matter of course in cases of children in conflict with law, except in circumstances where, in light of the seriousness of the offence coupled with other factors, the court is satisfied that a custodial order is the most appropriate.
6. A review of the record shows circumstances that would have been a perfect fit for victim-offender mediation. I believe that the period spent in custody by the applicant has been sufficient enough to let him appreciate the gravity of the offence and he has been shaped to a better person. From the above analysis, I am of the considered opinion that the period served in custody by the applicant is sufficient when considering the objectives of sentencing in totality. The sentence is hereby reviewed to the period already served. The applicant is therefore at liberty unless and otherwise lawfully held.
7. It is so ordered.
SIGNED, DATE AND DELIVERED AT ELDORET THIS 29THDAY OF NOVEMBER 2024. …………………………………….R. NYAKUNDIJUDGE