[2024] KEHC 1170 (KLR)
The High Court found that the application for revision was merited. The trial court's sentence was revised to substitute the original orders with a direction that the applicant pay the complainant Kshs. 123,000 as compensation, in default to serve one year imprisonment. The default sentence is to run from the date...
Source-derived case information.
- Citation
- [2024] KEHC 1170 (KLR)
- Parties
- Applicant: Bramwel Mofugo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E023 of 2023
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Revision of Sentence
- Outcome
- application allowed; sentence revised
- Judges
- DR Kavedza
- Legal Topics
- Sentence Revision, Stealing Motor Vehicle, Penal Code Section 268, Penal Code Section 278, Compensation Order
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Bramwel Mofugo
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Whether the sentence imposed by the trial court for the offence of stealing a motor vehicle was appropriate and lawful.
- 2 Whether the applicant is entitled to a revision of the sentence imposed by the trial court.
Ratio Decidendi
The High Court found that the application for revision was merited. The trial court's sentence was revised to substitute the original orders with a direction that the applicant pay the complainant Kshs. 123,000 as compensation, in default to serve one year imprisonment. The default sentence is to run from the date of conviction. If the applicant chooses to serve the jail term, the complainant may recover the compensation amount through civil proceedings. The court exercised its revisionary jurisdiction to ensure the sentence was lawful and just, balancing the interests of justice and the rights of the complainant.
Court Disposition
application allowed; sentence revised
Orders
- The sentence imposed by the trial court is revised.
- The applicant shall pay the complainant Kshs. 123,000 as compensation, in default to serve 1-year imprisonment.
Full Case Text
Judgment text and source record
18 paragraphs
Mofugo v Republic (Miscellaneous Criminal Application E023 of 2023) [2024] KEHC 1170 (KLR) (12 February 2024) (Ruling)
Neutral citation: [2024] KEHC 1170 (KLR)
Republic of Kenya
In the High Court at Kibera
Miscellaneous Criminal Application E023 of 2023
DR Kavedza, J
February 12, 2024
Between
Bramwel Mofugo
Applicant
and
Republic
Respondent
Ruling
1. The applicant filed an application dated December 15, 2023 seeking revision of sentence imposed by the trial court. Before the said court, he was tried and convicted for the offence of stealing a motor vehicle contrary to section 268 (1) as read with section 278 of the Penal Code. He was sentenced to pay a fine of Kshs. 50,000 in default to serve 1-year imprisonment. In addition, he was ordered to compensate the complainant the sum of Kshs. 123,000 failure to which he was to serve a further 1 year in custody. Being aggrieved, he challenged the sentence imposed on revision.
2. I have considered the application, the affidavit in support and the applicable law.
3. I find that the application is merited and hereby revise the sentence imposed by the trial court. I hereby substitute it with an order directing the applicant to pay the complainant sum of Kshs. 123,000, in default to serve 1-year imprisonment. The default sentence shall run from the date of his conviction. Should the applicant opt to serve the jail term, the complainant is at liberty to recover the compensation amount through the civil process.Orders accordingly.
RULING DATED AND DELIVERED VIRTUALLY THIS 12TH DAY OF FEBRUARY 2024. ........................D. KAVEDZAJUDGE