[2025] KEHC 563 (KLR)
The court found that the applicant, having pleaded guilty to three counts of stealing and alternative charges of handling stolen goods, was sentenced to a fine or imprisonment. However, the Sentence Review Report by the Probation Officer indicated that the applicant was suitable for a Community Service Order. The...
Source-derived case information.
- Citation
- [2025] KEHC 563 (KLR)
- Parties
- Applicant: Patrick Malungu Masika; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E295 of 2024
- Procedural Posture
- Criminal Revision / Ruling on Sentence Revision
- Outcome
- Sentence revised; applicant to serve remainder under Community Service Order.
- Judges
- PN Gichohi
- Legal Topics
- Stealing, Handling Stolen Goods, Sentencing Revision, Community Service Order
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Patrick Malungu Masika
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Revision
Legal Issues
- 1 Whether the applicant's sentence should be revised in light of the Sentence Review Report recommending 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 three counts of stealing and alternative charges of handling stolen goods, was sentenced to a fine or imprisonment. However, the Sentence Review Report by the Probation Officer indicated that the applicant was suitable for a Community Service Order. The court exercised its revisionary jurisdiction to substitute the custodial sentence with a Community Service Order for the remainder of the sentence, in accordance with the recommendation and the relevant legal framework. The court emphasized the importance of decongesting prisons and the appropriateness of non-custodial sentences for offenders deemed suitable by probation services.
Court Disposition
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 at Total Secondary.
- The terms of the Community Service Order shall be explained to the applicant.
Full Case Text
Judgment text and source record
28 paragraphs
Masika v Republic (Criminal Revision E295 of 2024) [2025] KEHC 563 (KLR) (30 January 2025) (Ruling)
Neutral citation: [2025] KEHC 563 (KLR)
Republic of Kenya
In the High Court at Nakuru
Criminal Revision E295 of 2024
PN Gichohi, J
January 30, 2025
Between
Patrick Malungu Masika
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 (Patrick Malungu Masika) was charged in Molo MCCR E863 of 2024 with the offence of;Count IStealing contrary to Section 268 as read with Section 275 of the Penal Code.
3. The particulars are that on the 2nd day of April, 2024, at Choronok ECD Pre – Primary School, Mau Summit Location in Kuresoi North Sub County within Nakuru County, stole one mobile phone make Itel A18 valued at Ksh.12,000/= the property of Choronok Pre-Primary School.Count IIStealing contrary to section 268 as read with Section 275 of the Penal Code.
4. The particulars are that on the 2nd day of April, 2024, at Choronok ECD Pre – Primary School, Mau Summit Location in Kuresoi North Sub County within Nakuru County, stole one mobile phone make Samsung A10S and 8GB memory card valued at Ksh.23,000/= the property of Alex Kemei.Count IIIStealing contrary to section 268 as read with Section 275 of the Penal Code.
5. The particulars are that on the 2nd day of April, 2024, at Choronok ECD Pre – Primary School, Mau Summit Location in Kuresoi North Sub County within Nakuru County, stole one mobile phone make Itel 2163 valued at Ksh.2,000/= the property of Faith Chemutai.
6. In the alternative charge Handling stolen goods contrary to section 322(1)(2) of the Penal Code.
7. The particulars are that on the 2nd day of April, 2024, at Bahati Trading Centre, Mau Summit Location in Kuresoi North Sub County within Nakuru County, otherwise than in the course of stealing dishonestly retained one mobile make Samsung A10S and 8GB memory card, knowing or having reasons to believe them to be stolen goods.
8. In the other alternative charge Handling stolen goods contrary to section 322(1)(2) of the Penal Code.
9. The particulars are that on the 2nd day of April, 2024, at Bahati Trading Centre, Mau Summit Location in Kuresoi North Sub County within Nakuru County, otherwise than in the course of stealing dishonestly retained one mobile make Itel 2163, knowing or having reasons to believe it to be stolen good.
10. He pleaded guilty and was sentenced to pay a fine of Ksh.20,000/= in default six (6) months imprisonment in three counts.
11. The Sentence Review Report by the Probation officer, Molo dated 16th December, 2024 found the Applicant suitable for Community Service. It is recommended that he be placed on Community Service Order for the remainder of his sentence.
12. This case is suitable for Revision. The Applicant is now to serve the reminder thereof under Community Service Order at Total Secondary.
13. The terms will be explained to him.
DATED, SIGNED AND DELIVERED AT NAKURU THIS 30TH DAY OF JANUARY, 2025. PATRICIA GICHOHIJUDGEIn the presence of:Ms Emma Okok for RespondentRuto - Court Assistant