[2021] KEHC 5826 (KLR)
The court found that the original probation order did not contain a default clause specifying consequences for breach. Both the probation officer and the accused demonstrated willingness to proceed with the probation programme. The court exercised its discretion to re-admit the accused to probation on the same terms...
Source-derived case information.
- Citation
- [2021] KEHC 5826 (KLR)
- Parties
- Defendant: Mirriam Muringe; Respondent: Director of Public Prosecutions (DPP)
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 49 of 2017
- Procedural Posture
- Criminal Case / Ruling on Breach of Probation and Re Admission
- Outcome
- Accused re-admitted to probation for 3 years on original terms, probation to run from date of order.
- Judges
- DO Ogembo
- Legal Topics
- Probation Orders, Breach of Sentence, Sentencing Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Mirriam Muringe
Defendant
Director of Public Prosecutions (DPP)
Respondent
Procedural Posture
Criminal Case / Ruling on Breach of Probation and Re Admission
Legal Issues
- 1 Whether the accused should be re-admitted to probation after failing to commence the original probation sentence.
- 2 Whether the absence of a default clause in the original probation order affects the court's options upon breach.
Ratio Decidendi
The court found that the original probation order did not contain a default clause specifying consequences for breach. Both the probation officer and the accused demonstrated willingness to proceed with the probation programme. The court exercised its discretion to re-admit the accused to probation on the same terms as previously ordered, with the probation period to commence afresh from the date of the ruling.
Court Disposition
Accused re-admitted to probation for 3 years on original terms, probation to run from date of order.
Orders
- The convict/subject is placed on probation for 3 years on the same terms as ordered on 5.3.2020, with the probation period to run from the date of this order.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
CRIMINAL CASE NO. 49 OF 2017
MIRRIAM MURINGE..............................................................ACCUSED
VERSUS
DPP..............................................................................................REPUBLIC
RULING
The offender herein MIRRIAM MURINGE had been sentenced by the court to serve a 3-year non-custodial probation sentence. This was on 5. 3.2020. She however failed to serve as ordered, but rather, stayed away till 15. 6.2021 when she was arrested and brought back to court following execution of warrants of arrest issued by the court.
The offender has given an explanation that the Corona Virus with its restrictions came up immediately she came out of prison and that she was unable to reach out to the probation officers. The probation officer Ms. Kanyangi, was confirmed willingness in taking the subject into the probation programme.
Ms. Kimani, for the state, did not object to this request. The counsel however, made a rider that in case the order placing the subject to probationary terms had a default clause, then the court should enforce the default sentence.
I have considered the sentence proceedings of the court on 5. 3.2020. The Honourable Judge did not impose any default clause to the term of probation. Also considered is the willingness of the convict/subject to serve through to probation terms and the probation officer’s own willingness and plea that she be re-admitted to the programme. Also noted is that the subject did not commence the terms as ordered by the court.
I hereby order that the convict/subject herein be placed on probation for 3 years on the same terms as ordered on 5. 3.2020. The terms of probation shall run from the date of this order. Orders accordingly
D. O. OGEMBO
JUDGE
30. 6.2021.
Court:
Ruling read in court in presence of the convict (Langata Women), Ms. Kimani for the state, and Ms. Kanyangi Probation Officer.
D. O. OGEMBO
JUDGE
30. 6.2021.