[2023] KEHC 20178 (KLR)
The court found that the applicant, having been convicted on his own plea of guilty for malicious damage and being a first-time offender, was not afforded the least prescribed penalty or an alternative to imprisonment. The court considered the pre-sentence and sentence review reports, both of which were favourable...
Source-derived case information.
- Citation
- [2023] KEHC 20178 (KLR)
- Parties
- Applicant: John Kuria Makumi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Revision Case E529 of 2022
- Procedural Posture
- Criminal Revision / Ruling on Sentence Review
- Outcome
- sentence set aside and substituted with community service order
- Judges
- SM Mohochi
- Legal Topics
- Malicious Damage to Property, Sentencing Review, Community Service Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Kuria Makumi
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Review
Legal Issues
- 1 Whether the sentence imposed on the applicant was appropriate in light of the circumstances and the pre-sentence and sentence review reports.
- 2 Whether the applicant, as a first-time offender, should have been considered for a lesser penalty or an alternative to imprisonment.
Ratio Decidendi
The court found that the applicant, having been convicted on his own plea of guilty for malicious damage and being a first-time offender, was not afforded the least prescribed penalty or an alternative to imprisonment. The court considered the pre-sentence and sentence review reports, both of which were favourable and recommended a non-custodial sentence. The victim, who is the applicant's father, was consulted and his input included in the sentence review report. In light of these factors, the court held that the custodial sentence was inappropriate and substituted it with a community service order, aligning with the recommendations of the reports and the principles of sentencing for...
Court Disposition
sentence set aside and substituted with community service order
Orders
- The sentence of 18 months' imprisonment is set aside.
- The applicant shall serve community service orders at the Wanyororo Chief’s Camp from July 15, 2023 to February 15, 2024.
Full Case Text
Judgment text and source record
23 paragraphs
Makumi v Republic (Revision Case E529 of 2022) [2023] KEHC 20178 (KLR) (6 July 2023) (Ruling)
Neutral citation: [2023] KEHC 20178 (KLR)
Republic of Kenya
In the High Court at Nakuru
Revision Case E529 of 2022
SM Mohochi, J
July 6, 2023
Between
John Kuria Makumi
Applicant
and
Republic
Respondent
Ruling
1. The applicant was convicted on his own plea of guilty for malicious damage, convicted and sentenced to 18 months’ imprisonment which he seeks review of.
2. The court has considered the trial proceedings noting that the trial magistrate took into consideration of the pre-sentence report dated February 28, 2022. The victim is the father to the applicant.
3. Upon filing of this application the court directed a sentence review report be prepared.
4. The same is favourable recommending community service orders for 6 months at wanyororo chief’s camp.
5. This court observes that the applicant was a first time offender that was not afforded the leased prescribed penalty or alternative to imprisonment.
6. The sentence review report dated January 17, 2023 includes the victim input.
7. The sentence is hereby set-aside and substituted with. The applicant shall serve community service orders at the Wanyororo Chief’s Camp form July 15, 2023 to February 15, 2024.
8It is so ordered.
SIGNED, DATED AND DELIVERED IN OPEN COURT AT NAKURU ON THIS 6TH JULY 2023________________________MOHOCHI S.MJUDGEIN THE PRESENCE OF: -COURT ASSISTANT – SCHOLASTATE COUNSEL – MS. MBURU