[2024] KEHC 4287 (KLR)
The court found that the applicant, having served only three months of a three-year custodial sentence for breaking into a building and committing a felony, does not qualify for a non-custodial sentence at this stage. The probation officer's report was deemed non-responsive and did not support the application. The...
Source-derived case information.
- Citation
- [2024] KEHC 4287 (KLR)
- Parties
- Applicant: Newton Kulundu; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E061 of 2024
- Procedural Posture
- Criminal Revision / Ruling on Sentence Review Application
- Outcome
- application dismissed
- Judges
- RN Nyakundi
- Legal Topics
- Sentence Review, Plea of Guilty, Non Custodial Sentence, Probation Report
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Newton Kulundu
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Review Application
Legal Issues
- 1 Whether the applicant is entitled to a review of his custodial sentence to a non-custodial sentence.
- 2 Whether the probation officer's report supports the application for sentence review.
Ratio Decidendi
The court found that the applicant, having served only three months of a three-year custodial sentence for breaking into a building and committing a felony, does not qualify for a non-custodial sentence at this stage. The probation officer's report was deemed non-responsive and did not support the application. The court held that meaningful consideration for a non-custodial sentence could only arise after a more substantial portion of the sentence has been served. Consequently, the application for sentence review lacked merit and was dismissed under section 382 of the Criminal Procedure Code.
Court Disposition
application dismissed
Orders
- The application for sentence review is dismissed pursuant to section 382 of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
20 paragraphs
Kulundu v Republic (Criminal Revision E061 of 2024) [2024] KEHC 4287 (KLR) (11 April 2024) (Ruling)
Neutral citation: [2024] KEHC 4287 (KLR)
Republic of Kenya
In the High Court at Eldoret
Criminal Revision E061 of 2024
RN Nyakundi, J
April 11, 2024
Between
Newton Kulundu
Applicant
and
Republic
Respondent
Ruling
Coram: Before Justice R. NyakundiMark Mugun for the state 1. The applicant was charged with the offence of breaking into a building and committing a felony contrary to section 306(a) of the Penal code.
2. The applicant pleaded guilty and as a consequence, he was convicted on his own plea of guilty and sentenced to serve three years 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 sentence review. That he may serve a non-custodial sentence. The probation officer filed a report on 26th March, 2024. The said report is non-responsive. The probation officer stated that the applicant has served 3 months imprisonment and that falls short of any meaningful sentence. I couldn’t agree more. The applicant would be considered for a non-custodial sentence in the future and not at this stage.
5. The application therefore lacks merit and it is dismissed pursuant to section 382 of the CPC.
SIGNED, DATE AND DELIVERED AT ELDORET THIS 11TH DAY OF APRIL 2024. ..........................R. NYAKUNDIJUDGE