[2010] KEHC 2296 (KLR)
The court exercised its revisionary jurisdiction under Section 364(1)(b) of the Criminal Procedure Code after considering the probation reports, which recommended community service for the applicants. The court found that, in the interest of decongesting prisons and given the applicants' guilty pleas and the nature...
Source-derived case information.
- Citation
- [2010] KEHC 2296 (KLR)
- Parties
- Applicant: Moses Gitau Ndung'u; Applicant: David Karonjo; Applicant: Joseph Kiiru; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 324, 325 & 326 of 2010
- Procedural Posture
- Criminal Revision / Judgment
- Outcome
- Sentence revised; imprisonment set aside and replaced with community service for the balance of the prison term.
- Legal Topics
- Stealing Offences, Handling Stolen Property, Sentencing Revision
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Moses Gitau Ndung'u
Applicant
David Karonjo
Applicant
Joseph Kiiru
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Judgment
Legal Issues
- 1 Whether the sentence of 2.5 years imprisonment imposed on the applicants for stealing and handling stolen property should be revised.
- 2 Whether community service is an appropriate alternative to imprisonment in the circumstances.
Ratio Decidendi
The court exercised its revisionary jurisdiction under Section 364(1)(b) of the Criminal Procedure Code after considering the probation reports, which recommended community service for the applicants. The court found that, in the interest of decongesting prisons and given the applicants' guilty pleas and the nature of the offences, the custodial sentences should be set aside and replaced with community service orders at specified locations for the balance of the original prison terms.
Court Disposition
Sentence revised; imprisonment set aside and replaced with community service for the balance of the prison term.
Orders
- The sentence of 2.5 years imprisonment imposed on each applicant is set aside.
- Each applicant shall serve community service at the designated chief's camp for the balance of their prison term.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAKURU
Criminal Revision 324, 325 & 326 of 2010
MOSES GITAU NDUNG'U…………………..…………………….1ST APPLICANT
DAVID KARONJO………………………………….……………….2ND APPLICANT
JOSEPH KIIRU………………………………………………………3RD APPLICANT
VERSUS
REPUBLIC……………………………………...……………………..RESPONDENT
JUDGMENT OF REVISION
The prisoners were charged with two counts of stealing contrary to section 275 and handling stolen property contrary to Section 322(2) of the Penal Code (Cap. 63, Laws of Kenya).They all pleaded guilty on both counts, and were convicted and sentenced to 21/2 years imprisonment, without option of fines.
In order to decongest the prisons, Probation Reports have been obtained in respect of the three appellants recommending community service for the three of them.In exercise therefore of the powers conferred to this court by Section 364 (1) (b) of the Criminal Procedure Code, (Cap. 75, Laws of Kenya), the sentence of 21/2years imprisonment imposed by the trial court on the respective prisoners shall be reversed and in lieu thereof each of the prisoners shall serve a community service at the following places, and for the period indicated against each of them-
Prisoner's Name Location of Community Service Period of Community Service
1. Moses Gitau Ndungu Githunguri Chief's Camp Balance of prison term
2. David Karonjo Kiratina Chief's camp, in Kiratina Kiambu District Balance of prison term
3. Joseph Kiiru Free Area Chief's camp, Nakuru Balance of prison term
Dated and signed at Nakuru this 29th day of April 2010
M. J. ANYARA EMUKULE
JUDGE