[2024] KEHC 10870 (KLR)
Despite favourable probation reports indicating remorse and readiness for rehabilitation, the court found that the offence of robbery with violence is inherently serious and violent, posing a significant threat to public safety. The sentence of eight years' imprisonment was already considered lenient in light of the...
Source-derived case information.
- Citation
- [2024] KEHC 10870 (KLR)
- Parties
- Applicant: Erick Wafula Mukanzi; Applicant: Boniface Kivisha; Applicant: Samuel Kariuki; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 191 of 2024
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- application for non-custodial sentence denied; applicants to serve sentences to completion
- Judges
- DR Kavedza
- Legal Topics
- Robbery With Violence, Sentencing Policy, Non Custodial Sentences, Probation Reports
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Erick Wafula Mukanzi
Applicant
Boniface Kivisha
Applicant
Samuel Kariuki
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicants, convicted of robbery with violence and serving eight-year sentences, qualify for non-custodial sentences under the Chief Justice's decongestion memo.
- 2 Whether the seriousness of the offence outweighs the favourable probation reports in considering early release.
Ratio Decidendi
Despite favourable probation reports indicating remorse and readiness for rehabilitation, the court found that the offence of robbery with violence is inherently serious and violent, posing a significant threat to public safety. The sentence of eight years' imprisonment was already considered lenient in light of the gravity of the crime. The period served by the applicants was deemed insufficient to justify early release or conversion to non-custodial sentences. The court held that the need for deterrence and the interests of justice outweighed the applicants' individual circumstances and rehabilitation progress. Accordingly, the application for non-custodial sentences was denied, and the...
Court Disposition
application for non-custodial sentence denied; applicants to serve sentences to completion
Orders
- The applicants shall continue to serve their sentences to completion.
Full Case Text
Judgment text and source record
29 paragraphs
Mukanzi & 2 others v Republic (Criminal Revision 191 of 2024) [2024] KEHC 10870 (KLR) (17 September 2024) (Ruling)
Neutral citation: [2024] KEHC 10870 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Revision 191 of 2024
DR Kavedza, J
September 17, 2024
Between
Erick Wafula Mukanzi
1st Applicant
Boniface Kivisha
2nd Applicant
Samuel Kariuki
3rd Applicant
and
Republic
Respondent
Ruling
1. This file was brought before me for the decongestion exercise pursuant to the Chief Justice’s memo dated 7/12/2022, which provides that inmates who are serving three (3) years imprisonment or less, or those serving long sentences but have a balance of three (3) years or less may be considered for non-custodial sentences.
2. I have gone through the file and noted that the three Applicants were convicted jointly by the trial court for the offence of Robbery with Violence contrary to section 295 as read with 296(2) of the Penal Code. They were all sentenced to serve eight (8) years imprisonment.
3. Probation Reports were filed with respect to each of the Applicants.
4. For the 1st Applicant, his Report indicates that he has been receptive to rehabilitation programs and is ready to serve a non-custodial sentence. He is remorseful and regrets his actions. His family and the local administration are also ready to facilitate his progressive reintegration.
5. For the 2nd Applicant, his Report also indicates that he has been receptive to rehabilitation programs and is ready to serve a non-custodial sentence. He is remorseful and is learning from his weaknesses.
6. Similarly, the Report with respect to the 3rd Applicant indicates that he has been receptive of rehabilitation programs and is ready to serve a non-custodial sentence. He is equally remorseful and regrets his actions.
7. While the Probation Reports for each of the Applicants are favourable, the nature of the offense committed must be taken into account. The Applicants were convicted of Robbery with Violence, an offense that is both serious and violent, posing a significant threat to public safety and security.
8. Such crimes cause considerable harm to victims and create fear within the community. It is essential that sentences for such offenses reflect the gravity of the crime and serve as a deterrent to others. The sentence of eight years’ imprisonment was already lenient, given the severity of the offense, and the period served thus far is insufficient to justify early release.
9. In light of these factors, I am not persuaded that a non-custodial sentence is appropriate at this time.
10. The Applicants shall continue to serve their sentences to completion.Orders accordingly.
RULING DELIVERED THIS 17THDAY OF SEPTEMBER 2024. D. KAVEDZAJUDGE