[2023] KEHC 19626 (KLR)
The court found that, given the applicant's transfer between prisons and the lack of an interview by the probation office, it was necessary to order the preparation of a probation report. This report would provide the court with relevant information to determine whether the sentence imposed was appropriate or if an...
Source-derived case information.
- Citation
- [2023] KEHC 19626 (KLR)
- Parties
- Applicant: Stephen Mokua; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nyamira
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E027 of 2023
- Procedural Posture
- Criminal Revision / Ruling on Request for Probation Report
- Outcome
- Probation report ordered; matter to be mentioned after receipt of report.
- Judges
- WA Okwany
- Legal Topics
- Assault Causing Actual Bodily Harm, Stealing, Handling Stolen Goods, Sentencing, Probation Reports
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stephen Mokua
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Request for Probation Report
Legal Issues
- 1 Whether the applicant's sentencing was appropriate in light of the offences committed.
- 2 Whether a probation report should be prepared to assist the court in determining the appropriate sentence.
Ratio Decidendi
The court found that, given the applicant's transfer between prisons and the lack of an interview by the probation office, it was necessary to order the preparation of a probation report. This report would provide the court with relevant information to determine whether the sentence imposed was appropriate or if an alternative sentence should be considered. The court exercised its discretion to ensure that all relevant circumstances are considered before finalizing the matter.
Court Disposition
Probation report ordered; matter to be mentioned after receipt of report.
Orders
- A probation report shall be prepared and presented to the court within 7 days for consideration.
Full Case Text
Judgment text and source record
18 paragraphs
Mokua v Republic (Criminal Revision E027 of 2023) [2023] KEHC 19626 (KLR) (29 June 2023) (Ruling)
Neutral citation: [2023] KEHC 19626 (KLR)
Republic of Kenya
In the High Court at Nyamira
Criminal Revision E027 of 2023
WA Okwany, J
June 29, 2023
Between
Stephen Mokua
Applicant
and
Republic
Respondent
(From the original Conviction and Sentence in the Chief Magistrates’ Court at Nyamira, Criminal Case No. E093 of 2023 by Hon. B. Okong’o, Resident Magistrate on 4th April 2023. )
Ruling
1. The applicant was convicted on his own plea of guilty for the offence of assault causing actual bodily harm contrary to section 251 of the Penal Code, stealing contrary to section 268 (1) as read with section 275 of the Penal Codeand handling stolen goods contrary to section 322 (1) and (2) of the Penal Code. The trial court sentenced him to pay a fine of Kshs. 10,000/= and compensate the complainant in the sum of Kshs. 1,000/= or in default, to serve 7 months imprisonment. The letter by Kennedy Okemwa the County Probation Director dated June 15, 2023 indicates that the Applicant was transferred from Kisii GK Prison to Homa Bay Prison and was consequently not interviewed. It is hereby directed that a Probation Report be prepared and presented in this court within 7 days for consideration.
Orders accordingly.
DATED AND DELIVERED AT NYAMIRA ON THIS 29TH DAY OF JUNE 2023. W.A. OKWANYJUDGE