Moruri v Republic (Criminal Revision E144 of 2024) [2026] KEHC 13284 (KLR) (19 May 2026) (Ruling)
The sentence was excessive in light of the Applicant's early guilty plea, first offender status, remorse, recovery of the stolen property, the low value of the items, and the period already served in custody; justice was adequately served by reducing the sentence to time served.
Source-derived case information.
- Citation
- [2026] KEHC 13284 (KLR)
- Parties
- Applicant: FRED MOSE MORURI; Respondent: Republic
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E144 of 2024
- Procedural Posture
- Criminal Revision Application / Ruling on Sentence Review/reduction
- Outcome
- Application allowed; sentence reduced to period already served; Applicant to be released unless otherwise lawfully held.
- Judges
- ["TW Cherere"]
- Legal Topics
- Burglary, Stealing, Sentence Reduction, Plea of Guilty, First Offender, Recovery of Stolen Property, Harsh and Excessive Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
FRED MOSE MORURI
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision Application / Ruling on Sentence Review/reduction
Legal Issues
- 1 Whether the trial court's sentence was manifestly harsh or excessive.
- 2 Whether the revision court should interfere with the sentence imposed after a guilty plea.
- 3 Whether the circumstances justified reducing the sentence to the period already served.
Ratio Decidendi
The sentence was excessive in light of the Applicant's early guilty plea, first offender status, remorse, recovery of the stolen property, the low value of the items, and the period already served in custody; justice was adequately served by reducing the sentence to time served.
Court Disposition
Application allowed; sentence reduced to period already served; Applicant to be released unless otherwise lawfully held.
Orders
- The five (5) years' imprisonment sentence is reduced to the period already served.
- The Applicant shall forthwith be set at liberty unless otherwise lawfully held.
Full Case Text
Judgment text and source record
1 paragraphs
** REPUBLIC OF KENYA** **IN THE HIGH COURT OF KENYA AT NYAMIRA** **(CHERERE-J)** **HCCRREV E144 OF 2024** **BETWEEN** **FRED MOSE MORURI..................................................................APPLICANT** **AND** **REPUBLIC...................................................................................RESPONDENT** **RULING** 1. The Applicant, Fred Mose Moruri, was charged and convicted in Keroka Criminal Case E291 of 2023 for the offences of burglary and stealing contrary to sections 304 and 279 of the Penal Code respectively. He pleaded guilty and was sentenced to serve five (5) years imprisonment in each limb. 2. The Applicant has moved this court seeking review and reduction of the sentence imposed by the trial court on grounds that the sentence is harsh and excessive. He states that he is remorseful, a first offender and that he pleaded guilty thereby saving judicial time. 3. The Respondent opposed the application and urged the court to uphold the sentence imposed by the trial court. 4. I have considered the application, the affidavit in support, the submissions by the Applicant and the response by the Respondent. Sentencing is a discretionary function of the trial court and an appellate or revision court will only interfere where the sentence is illegal, manifestly harsh or excessive, or where the court acted on wrong principles. 5. In the present case, the Applicant pleaded guilty at the earliest opportunity. The value of the stolen property was KES. 23,500 and all the stolen property was recovered. The Applicant is also a first offender and has expressed remorse for his conduct. 6. The Applicant has been in custody since his arrest on 14th May 2023 and has now served slightly over two (2) years imprisonment. In my view, considering the circumstances of the offence, the recovery of the stolen property, the plea of guilty and the period already served, the continued incarceration of the Applicant would not serve any useful purpose. 7. I am persuaded that the sentence imposed was excessive in the circumstances of this case and that the interests of justice would be adequately served by reducing the sentence to the period already served. 8. Consequently, the sentence of five (5) years imprisonment imposed upon the Applicant is hereby reduced to the period already served. The Applicant shall forthwith be set at liberty unless otherwise lawfully held. **DELIVERED AT NYAMIRA THIS 19th DAY OF May 2026** **** **WAMAE. T. W. CHERERE** **JUDGE** ## **Appearances** **Court Assistant - Hilda** **Applicant - Present in person** **For the DPP - Mr. Chirchir (SADPP)**