[2024] KEHC 11535 (KLR)
The court found that the applicants had already served eight months in custody, which was deemed sufficient to achieve the punitive and rehabilitative objectives of the original sentence. Given the favourable probation reports and the context of the prisons decongestion exercise, the court exercised its revisionary...
Source-derived case information.
- Citation
- [2024] KEHC 11535 (KLR)
- Parties
- Applicant: Stephen Kamau Muiruri; Applicant: Caleb Chemjor Milgo; Applicant: Phoustine Oduor Makhoha; Applicant: Symon Kamau Muli; Applicant: Jared Onyango Omolo; Applicant: Nicky Soit; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Revision Case 131 of 2024
- Procedural Posture
- Criminal Revision / Ruling on Sentence Revision
- Outcome
- sentence revised; remainder to be served on probation
- Judges
- HM Nyaga
- Legal Topics
- Wildlife Offences, Protected Areas, Sentencing Revision, Probation Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Stephen Kamau Muiruri
Applicant
Caleb Chemjor Milgo
Applicant
Phoustine Oduor Makhoha
Applicant
Symon Kamau Muli
Applicant
Jared Onyango Omolo
Applicant
Nicky Soit
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Revision
Legal Issues
- 1 Whether the applicants' sentences should be revised in light of the prisons decongestion exercise.
- 2 Whether the time already served in custody is sufficient punishment for the offences committed.
- 3 Whether the remainder of the sentence should be served on probation.
Ratio Decidendi
The court found that the applicants had already served eight months in custody, which was deemed sufficient to achieve the punitive and rehabilitative objectives of the original sentence. Given the favourable probation reports and the context of the prisons decongestion exercise, the court exercised its revisionary powers to substitute the remainder of the custodial sentences with probation. The court held that further incarceration was unnecessary and that probation would serve the interests of justice and rehabilitation.
Court Disposition
sentence revised; remainder to be served on probation
Orders
- The remainder of the sentence for each applicant shall be served on probation.
- Terms of probation to be explained to the applicants.
Full Case Text
Judgment text and source record
31 paragraphs
Muiruri & 5 others v Republic (Revision Case 131 of 2024) [2024] KEHC 11535 (KLR) (19 September 2024) (Ruling)
Neutral citation: [2024] KEHC 11535 (KLR)
Republic of Kenya
In the High Court at Nakuru
Revision Case 131 of 2024
HM Nyaga, J
September 19, 2024
Between
Stephen kamau Muiruri
1st Applicant
Caleb Chemjor Milgo
2nd Applicant
Phoustine Oduor Makhoha
3rd Applicant
Symon Kamau Muli
4th Applicant
Jared Onyango Omolo
5th Applicant
Nicky soit
6th Applicant
and
Republic
Respondent
Ruling
1. The accused persons (Applicants) were charged with the following offences;Count IEntering into a protected area within a permit or any other lawful exemption Contrary to Section 102 (1) (a) as read with Section 102 (1) (h) of the Wildlife Conservation and Management Act, 2013. 1. Stephen Kamau Muiruri 2. Caleb Chemior Milgo 3. Phoustine Oduor Makhoha 4. Symon Kamau Muli 5. Jared Onyango Omolo 6. Nicky SoitOn the 9th day of January, 2024 at around 1329 hours at number 41 area in Lake Nakuru National Park, Nakuru West sub-county within Nakuru County at GPS co-ordinates 37M 0172585 UTM 9961928, you were found to have entered into a protected area on foot without a permit from the Director General Kenya Wildlife Service.Count IIUndertaking extractive activity in wildlife protected area without a permit or any other lawful exemption Contrary to Section 102 (1) (g) as read with Section 102 (1) (h) of the Wildlife Conservation and Management Act 2013. On the 9th day of January, 2024 at around 1329 hours at number 41 area in Lake Nakuru National Park, Nakuru West sub-county within Nakuru County at GPS co-ordinates 37M 0172585 UTM 9961928, you were found undertaking extractive activity namely fishing and you were in possession of Eight (8 sacks, three 93) sacks, three (3) fishing net and thirty four (34) kilograms of fish without a permit from the Director General Kenya Wildlife Service.
2. They all pleaded guilty and were convicted and sentenced to a fine of Kshs. 200,000/= in default two (2) years imprisonment on each count.
3. This file has been brought to this court for revision under the prisons decongestion exercise.
4. The sentence review reports on each applicant is favourable to them serving the remainder of their sentence on probation.
5. I have noted that the applicants have been in custody for eight (8) months now. I believe that the time spent in prison has been sufficient to teach them any lesson that the trial court intended them to learn.
6. In exercise of the powers of the court under Article 165 (6) and (7) of the Constitution and Section 362 of the Criminal Procedure Code (CPC). I review the sentence for each applicant and order that the remainder of their sentences shall be served on probation. Terms will be explained to them.
DATED, SIGNED AND DELIVERED AT NAKURU THIS 19TH DAY OF SEPTEMBER, 2024. H. M. NYAGAJUDGEIn the presence of;C/A JenifferN/A for state