[2010] KEHC 584 (KLR)
The court found that although the proceedings and conviction in the lower court were proper and procedural, the applicant's status as a pupil registered to sit for the K.C.P.E. exams constituted a special circumstance warranting review of the sentence. The court held that the three months already spent in custody by...
Source-derived case information.
- Citation
- [2010] KEHC 584 (KLR)
- Parties
- Applicant: Kombo Mwakodza Kodza; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 115 of 2010
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- sentence quashed and substituted with time served; applicant to be released forthwith
- Judges
- JV Juma
- Legal Topics
- Sentencing Review, Time Served, Juvenile Offender, Plea of Guilty
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kombo Mwakodza Kodza
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the sentence imposed on the applicant, a pupil registered for national exams, should be reviewed in light of his educational circumstances.
- 2 Whether the time already served by the applicant is sufficient punishment for the offence of taking part in a riot.
Ratio Decidendi
The court found that although the proceedings and conviction in the lower court were proper and procedural, the applicant's status as a pupil registered to sit for the K.C.P.E. exams constituted a special circumstance warranting review of the sentence. The court held that the three months already spent in custody by the applicant was sufficient punishment for the offence of taking part in a riot. Consequently, the sentence imposed by the trial court was quashed and substituted with a term of time served, allowing the applicant to be released immediately unless otherwise lawfully held.
Court Disposition
sentence quashed and substituted with time served; applicant to be released forthwith
Orders
- The sentence imposed by the trial court is quashed and substituted with a term of time served.
- The accused is to be set at liberty forthwith unless otherwise lawfully held.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLICOFKENYA
IN THE HIGH COURT OFKENYA
ATMOMBASA
CRIMINAL REVISION NO. 115 OF 2010
[Arising from Criminal Case No. 2394 of 2010 of the Chief Magistrate’s Court atMombasa:M.K. Mwangi – S.R.M.)
KOMBO MWAKODZA KODZA ……………… APPLICANT
VERSUS
REPUBLIC ……...........……............……… RESPONDENT
RULING
The Accused KOMBO MWAKODZA KODZA had on 9th August 2010 been arraigned before the lower court on a charge of TAKING PART IN A RIOT CONTRARY TO SECTION 80 OF THE PENAL CODE. The accused pleaded guilty to the charge and after conviction was sentenced to a fine of Kshs.20,000/- in default to serve six (6) months imprisonment. By his letter dated 30th September 2010 the Headteacher of the CONCORDIA PRIMARY SCHOOL asks for a review of this sentence as the accused who is a pupil in the said school is registered to sit K.C.P.E. Exams vide Index Number 106323/78. Whilst the proceedings in the lower court were proper and procedural I do feel that in view of the fact that the accused is due to sit his K.C.P.E. Exam in November 2010 the sentence merits a review. This is to allow him a chance to complete his primary education which he cannot do whilst in prison. He has already spent 3 months behind bars which in my view is punishment enough. For this reason alone I do quash the sentence imposed by the trial court and substitute it with a term of time served. The accused to be set at liberty forthwith unless he is otherwise lawfully held.
Dated and Delivered atMombasathis 28th day of October 2010.
M. ODERO
JUDGE