[2024] KEHC 4283 (KLR)
The court found that the applicant, having served part of his custodial sentence, demonstrated remorse, and being a first-time offender with a positive probation report, was a suitable candidate for a non-custodial sentence. The items stolen were recovered, and the applicant had reformed and acquired skills while in...
Source-derived case information.
- Citation
- [2024] KEHC 4283 (KLR)
- Parties
- Applicant: Patrick Mburu; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E073 of 2024
- Procedural Posture
- Criminal Revision / Ruling on Sentence Review
- Outcome
- Custodial sentence set aside; substituted with probation for 1 year and 6 months.
- Judges
- RN Nyakundi
- Legal Topics
- Sentence Review, Probation Orders, Plea of Guilty, Stealing From Person
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Patrick Mburu
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Review
Legal Issues
- 1 Whether the applicant is entitled to a review of his custodial sentence to a non-custodial sentence based on the probation report and his circumstances.
- 2 Whether the period already served and the applicant's conduct justify a probation sentence.
Ratio Decidendi
The court found that the applicant, having served part of his custodial sentence, demonstrated remorse, and being a first-time offender with a positive probation report, was a suitable candidate for a non-custodial sentence. The items stolen were recovered, and the applicant had reformed and acquired skills while in custody. The court exercised its discretion to substitute the remaining custodial sentence with a probation order for 1 year and 6 months, subject to supervision and monthly compliance reports by the probation officer.
Court Disposition
Custodial sentence set aside; substituted with probation for 1 year and 6 months.
Orders
- The applicant shall serve a probation sentence for a period of 1 year and 6 months.
- The probation officer shall file monthly reports in court to ensure compliance and effectiveness of the sentence.
Full Case Text
Judgment text and source record
20 paragraphs
Mburu v Republic (Criminal Revision E073 of 2024) [2024] KEHC 4283 (KLR) (11 April 2024) (Ruling)
Neutral citation: [2024] KEHC 4283 (KLR)
Republic of Kenya
In the High Court at Eldoret
Criminal Revision E073 of 2024
RN Nyakundi, J
April 11, 2024
Between
Patrick Mburu
Applicant
and
Republic
Respondent
Ruling
1. The applicant was charged and sentenced on his own plea of guilty to 2 years imprisonment for the offence of stealing from a person contrary to section 279(1) of the penal code.
2. 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.
3. The applicant seeks a sentence review based on the Probation sentence report filed on 26th March, 2024. The report is responsive and recommends him for a probation sentence for a period of 1 year 6 months.
4. The applicant is pleading for a non-custodial sentence and he is willing to serve a non-custodial sentence for the remainder of his sentence. The nucleus of any correctional system is its rehabilitative and reparative functions.
5. In my considered view, the period served by the applicant has shaped his character. The prison authorities indicated that he has reformed and he has earned a few skills that will be of benefit to him. I believe the applicant is a perfect fit for anon-custodial sentence. He is a first-time offender, the items were recovered and he is remorseful. For these reasons, the applicant is allowed to go and serve a probation sentence for a period of 1 year and 6 months. During this period, the probation officer is obligated to file monthly reports in court in ensuring compliance of the sentence and its effectiveness.
SIGNED, DATE AND DELIVERED AT ELDORET THIS 11THDAY OF APRIL 2024. R. NYAKUNDIJUDGE