[2022] KEHC 16736 (KLR)
The court found that, despite the negative presentence report, the applicant had served a substantial portion of his custodial sentence and was unable to pay the fine due to poverty. In the interests of justice and rehabilitation, the court exercised its revisionary jurisdiction to substitute the remainder of the...
Source-derived case information.
- Citation
- [2022] KEHC 16736 (KLR)
- Parties
- Applicant: Christopher Maina Mathenge; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E064 of 2022
- Procedural Posture
- Criminal Revision / Ruling on Application for Sentence Revision
- Outcome
- Sentence revised; custodial sentence substituted with community service order.
- Judges
- RE Aburili
- Legal Topics
- Sentence Revision, Stock Theft, Community Service Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Christopher Maina Mathenge
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Sentence Revision
Legal Issues
- 1 Whether the sentence imposed on the applicant for stock theft should be revised in light of his circumstances.
- 2 Whether the applicant should be released from prison to serve a non-custodial sentence.
Ratio Decidendi
The court found that, despite the negative presentence report, the applicant had served a substantial portion of his custodial sentence and was unable to pay the fine due to poverty. In the interests of justice and rehabilitation, the court exercised its revisionary jurisdiction to substitute the remainder of the custodial sentence with a community service order, directing that the applicant serve three months at the Chief's Office, East Gem, unless otherwise lawfully held.
Court Disposition
Sentence revised; custodial sentence substituted with community service order.
Orders
- The applicant Christopher Maina Mathenge shall, unless otherwise lawfully held, be released from prison to serve community service for 3 months at the Chief’s Office, East Gem.
- File closed.
Full Case Text
Judgment text and source record
18 paragraphs
Mathenge v Republic (Criminal Revision E064 of 2022) [2022] KEHC 16736 (KLR) (22 December 2022) (Ruling)
Neutral citation: [2022] KEHC 16736 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Revision E064 of 2022
RE Aburili, J
December 22, 2022
Between
Christopher Maina Mathenge
Applicant
and
Republic
Respondent
(An Application for sentence revision in Siaya CM’s Criminal Case No E084 of 2022 delivered by Hon M O Wambani, Chief Magistrate on April 27, 2022)
Ruling
1. The convict Christopher Maina Mathenge was convicted and sentenced to serve one year imprisonment for the offence of stock theft. He has served 8 months of the 12 months imprisonment imposed on him after he pleaded guilty. The presentence report was not positive on his general character. However, as the convict was also fined a paltry Kshs 10,000/= which he has been unable to raise due to poverty, I hereby revise his sentence and order that the convict Christopher Maina Mathenge shall, unless otherwise lawfully held, be released from prison to serve community service for 3 months at the Chief’s Office, East Gem.
2. File closed. I so order.
DATED, SIGNED AND DELIVERED AT SIAYA, THIS 22ND DAY OF DECEMBER, 2022R E ABURILIJUDGE