[2024] KEHC 7415 (KLR)
The court found that the 1st Applicant was convicted on his own plea of guilty for breaking into a building and committing a felony, as well as having suspected stolen property. After considering the Sentence Review Report, which did not recommend a non-custodial sentence, the court determined there was no...
Source-derived case information.
- Citation
- [2024] KEHC 7415 (KLR)
- Parties
- Applicant: Momanyi Andrew Mokua; Applicant: Stephen Nyakundi Onsongo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nyamira
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E041 of 2024
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Application for sentence revision declined; 1st Applicant to continue serving custodial sentence.
- Judges
- WA Okwany
- Legal Topics
- Plea of Guilty, Sentencing, Sentence Review, Custodial Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Momanyi Andrew Mokua
Applicant
Stephen Nyakundi Onsongo
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the sentence imposed on the 1st Applicant should be revised to a non-custodial sentence.
- 2 Whether the 1st Applicant should continue serving the remainder of his custodial sentence.
Ratio Decidendi
The court found that the 1st Applicant was convicted on his own plea of guilty for breaking into a building and committing a felony, as well as having suspected stolen property. After considering the Sentence Review Report, which did not recommend a non-custodial sentence, the court determined there was no sufficient basis to interfere with the original custodial sentence. The 1st Applicant was therefore directed to continue serving the remainder of his sentence in custody.
Court Disposition
Application for sentence revision declined; 1st Applicant to continue serving custodial sentence.
Orders
- The 1st Applicant shall continue to serve the remaining part of his sentence in custody.
Full Case Text
Judgment text and source record
20 paragraphs
Mokua & another v Republic (Criminal Revision E041 of 2024) [2024] KEHC 7415 (KLR) (6 June 2024) (Ruling)
Neutral citation: [2024] KEHC 7415 (KLR)
Republic of Kenya
In the High Court at Nyamira
Criminal Revision E041 of 2024
WA Okwany, J
June 6, 2024
Between
Momanyi Andrew Mokua
1st Applicant
Stephen Nyakundi Onsongo
2nd Applicant
and
Republic
Respondent
(From the original Conviction and Sentence in the Senior Principal Magistrates’ Court at Keroka, Criminal Case No. MCCR E065 of 2023 by Hon. C. Ombija, Senior Resident Magistrate on 7th February 2023)
Ruling
1. The 1st Applicant was convicted on his own plea of guilty for the offence of breaking into a building and committing a felony contrary to section 306 (a) of the Penal Code and having suspected stolen property contrary to section 323 of the Penal Code. The trial court sentenced him to serve three (3) years’ imprisonment. The 1st Applicant has served 1 year and 1 month of his sentence. The Sentence Review Report filed on 3rd April 2024 by the Probation Officer Peter Mogusu Ayienda does not recommend a non-custodial sentence. I hereby direct that the 1st Applicant continues to serve the remaining part of his sentence in custody.
Orders accordingly.
DATED AND DELIVERED AT NYAMIRA ON THIS 6TH DAY OF JUNE 2024. W. A. OKWANY..................................JUDGEI certify that this is a true copy of the originalSignedDEPUTY REGISTRAR