[2024] KEHC 14690 (KLR)
The court found that the applicant, having pleaded guilty to house breaking, stealing, and handling stolen goods, was sentenced to two years imprisonment. However, the Probation Officer's Sentence Review Report indicated that the applicant was suitable for a Community Service Order. In the interest of decongesting...
Source-derived case information.
- Citation
- [2024] KEHC 14690 (KLR)
- Parties
- Applicant: Mark Kimani Kuga; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E534 of 2024
- Procedural Posture
- Criminal Revision / Ruling on Sentence Revision
- Outcome
- Custodial sentence revised; applicant to serve remainder under Community Service Order.
- Judges
- PN Gichohi
- Legal Topics
- House Breaking, Stealing, Handling Stolen Goods, Sentencing Revision, Community Service Order
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Mark Kimani Kuga
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Revision
Legal Issues
- 1 Whether the applicant's custodial sentence should be revised in light of the probation officer's recommendation for community service.
- 2 Whether the applicant is suitable for a Community Service Order as an alternative to imprisonment.
Ratio Decidendi
The court found that the applicant, having pleaded guilty to house breaking, stealing, and handling stolen goods, was sentenced to two years imprisonment. However, the Probation Officer's Sentence Review Report indicated that the applicant was suitable for a Community Service Order. In the interest of decongesting the prison and promoting rehabilitation, the court exercised its revisionary jurisdiction to substitute the remaining custodial sentence with a Community Service Order for one year at Muchorwe police station. The court was satisfied that the applicant met the criteria for such an order and that this would serve the ends of justice.
Court Disposition
Custodial sentence revised; applicant to serve remainder under Community Service Order.
Orders
- The applicant shall serve the remainder of his sentence under a Community Service Order for one year at Muchorwe police station.
- The terms of the Community Service Order shall be explained to the applicant.
Full Case Text
Judgment text and source record
24 paragraphs
Kuga v Republic (Criminal Revision E534 of 2024) [2024] KEHC 14690 (KLR) (25 November 2024) (Ruling)
Neutral citation: [2024] KEHC 14690 (KLR)
Republic of Kenya
In the High Court at Nakuru
Criminal Revision E534 of 2024
PN Gichohi, J
November 25, 2024
Between
Mark Kimani Kuga
Applicant
and
Republic
Respondent
Ruling
1. This file has been brought up for Revision in order to decongest the Nakuru GK prison.
2. The Applicant (Mark Kimani Kuga) was charged in Molo MCCR E1397 of 2024 with the offence of;Count IHouse breaking contrary to Section 304 (1) (b) of the Penal Code.
3. The particulars are that on the 30th day of June, 2024 at 2330 hours at Mtoni Police in Molo Sub County within Nakuru County, with others not before court, broke into a building used as a dwelling house by one Gerald Kige with intent to steal therein.Count IIStealing contrary to Section 279 (b) of the Penal Code.
4. The particulars are that on the 30th day of June, 2024 at 2330 hours in Molo Township area in Molo Sub County within Nakuru County, stole one Tv set make Vitron 32 inch, one carpet, assorted pair of shoes, two mobile phones make infinix and Tecno, one electric kettle, two ear pods, two chargers and assorted utensils all valued at Ksh.100,000/= the property of one Gerald Kige.COUNT IIIHandling stolen goods contrary to Section 322(1)(2) of the Penal Code.
5. The particulars are that on the 7th day of July, 2024 at Molo area in Molo Sub County within Nakuru County, otherwise that in the cause of stealing, dishonestly retained one pair of shoe make airforce having reasons to believe it to be stolen property of one Gerald Kige.
6. He pleaded guilty and was sentenced to serve two (2) years imprisonment.
7. The Sentence Review Report by the Probation officer, Molo filed on 22nd November, 2024 found the Applicant suitable for Community Service. It is recommended that he be placed on Community Service Order for one (1) year at Muchorwe police station.
8. This case is suitable for Revision. The Applicant is now to serve the reminder thereof under Community Service Order for one (1) year at Muchorwe police station.
9. The terms will be explained to him.
DATED, SIGNED AND DELIVERED AT NAKURU THIS 25TH DAY OF NOVEMBER, 2024. PATRICIA GICHOHIJUDGEIn the presence of:Mr. Kihara for RespondentRuto - Court Assistant