[2018] KEHC 9831 (KLR)
The court found that while the original sentence of 18 months imprisonment for each count was within the law, it did not sufficiently consider the applicant's status as a first offender. The law requires that a first offender should not be sentenced to more than one third of the maximum penalty for the offence. The...
Source-derived case information.
- Citation
- [2018] KEHC 9831 (KLR)
- Parties
- Applicant: Martin Mwangi Kabugi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 949 of 2018
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- sentence varied
- Legal Topics
- Sentencing Principles, Forgery, Uttering False Documents, Theft, Attempted Theft
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Martin Mwangi Kabugi
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the sentence imposed on the applicant exceeded the lawful maximum for a first offender.
- 2 Whether the applicant's illness warranted a reduction or alteration of the custodial sentence.
Ratio Decidendi
The court found that while the original sentence of 18 months imprisonment for each count was within the law, it did not sufficiently consider the applicant's status as a first offender. The law requires that a first offender should not be sentenced to more than one third of the maximum penalty for the offence. The applicant's illness (ulcers) was not a sufficient ground for further reduction, as treatment is available in prison. Therefore, the court set aside the 18-month sentences and substituted them with 12-month sentences for each count, to run concurrently.
Court Disposition
sentence varied
Orders
- The 18 months jail term in respect of each count is set aside.
- The applicant shall serve 12 months in each of the counts.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL DIVISION
CR. REVISION NO. 949 OF 2018
MARTIN MWANGI KABUGI.............REPUBLIC
VERSUS
REPUBLIC......................................RESPONDENT
RULING
1. I have heard both parties. The Applicant was convicted in respect of nine counts. In count I, he was charged with forgery having forged an identity card. In count II and III, he was charged with uttering a false document, being National Identity Cards belonging to two persons. In counts IIV, V, VI and VII, he was charged jointly with another with the offence of stealing, being in respect count IV money and the rest of counts, share certificates. In count VIII and IX, he was also jointly charged with another with attempted theft of share certificates.
2. In my honest view, the penalties imposed were lenient as they accorded with the law. However, since the Applicant was a first offender, the sentence ought not to have exceeded a third of the penalty provided under the law.
3. Although he has argued that he is sick as he suffers from ulcers, the illness can be adequately treated within the prison. Having regard to all circumstances of the case, I set aside the 18 months jail term in respect of each of the counts. I substitute it with an order that the Applicant shall serve 12 months in each of the counts. The sentences shall run concurrently.
Dated and delivered at Nairobi This 11th Day of December, 2018.
G.W.NGENYE-MACHARIA
JUDGE
In the presence of;
1. Applicant present in person
2. M/s Atina for the Respondent.