[2024] KEHC 15158 (KLR)
The court found that the applicant, having pleaded guilty and shown remorse, was a first offender convicted of a misdemeanour. The time already served in custody was deemed sufficient for rehabilitation and deterrence. The court emphasized restorative justice and the transformative effect of the applicant's...
Source-derived case information.
- Citation
- [2024] KEHC 15158 (KLR)
- Parties
- Applicant: Jackson Lumadede; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E271 of 2024
- Procedural Posture
- Criminal Revision / Ruling on Application for Sentence Review
- Outcome
- sentence modified to time served; applicant to be released immediately unless otherwise lawfully held
- Judges
- RN Nyakundi
- Legal Topics
- Cheating Offence, Sentencing Principles, Non Custodial Sentences, Restorative Justice
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jackson Lumadede
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 circumstances and the nature of the offence.
- 2 Whether the applicant should be considered for a non-custodial sentence based on mitigating factors and principles of sentencing.
Ratio Decidendi
The court found that the applicant, having pleaded guilty and shown remorse, was a first offender convicted of a misdemeanour. The time already served in custody was deemed sufficient for rehabilitation and deterrence. The court emphasized restorative justice and the transformative effect of the applicant's incarceration, concluding that further custodial punishment was unnecessary. Accordingly, the sentence was modified to time served, and the applicant was ordered to be released immediately unless otherwise lawfully held.
Court Disposition
sentence modified to time served; applicant to be released immediately unless otherwise lawfully held
Orders
- The sentence is modified to time served.
- The applicant shall be released from custody immediately unless otherwise lawfully held.
Full Case Text
Judgment text and source record
22 paragraphs
Lumadede v Republic (Criminal Revision E271 of 2024) [2024] KEHC 15158 (KLR) (3 December 2024) (Ruling)
Neutral citation: [2024] KEHC 15158 (KLR)
Republic of Kenya
In the High Court at Eldoret
Criminal Revision E271 of 2024
RN Nyakundi, J
December 3, 2024
Between
Jackson Lumadede
Applicant
and
Republic
Respondent
Ruling
1. The applicant was charged with the offence of cheating contrary to section 315 of the Penal Code. The particulars of the offence are that on diverse dates between 27th and 30th day of May, 2023 at Kahoya market in Turbo Sub-County within Uasin Gishu County by means of a fraudulent tricks obtained Kshs. 29,550 from Clinton Arusa.
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. 100,000/= and in default serve 15 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. Upon thorough examination of the case, this matter presented an ideal scenario for restorative justice through victim-offender mediation. The applicant's time in custody has served its transformative purpose, not merely as punishment, but as a crucible for genuine reform and personal growth. His incarceration has fostered a deep understanding of his actions' gravity and catalyzed meaningful change in his character. Weighing the fundamental principles of sentencing; deterrence, rehabilitation, and societal protection, against the time already served, I find the scales of justice balanced. Therefore, I hereby modify the sentence to time served, and order the applicant's immediate release unless and otherwise lawfully held.
7. It is so ordered.
SIGNED, DATE AND DELIVERED AT ELDORET THIS 3RDDAY OF DECEMBER, 2024. …………………………………….R. NYAKUNDIJUDGE