[2024] KEHC 14693 (KLR)
The court found that the applicant, having been convicted of obtaining money by false pretence and sentenced to a fine or imprisonment, was suitable for a Community Service Order based on the Probation Officer's positive report. The court exercised its revisionary jurisdiction to substitute the custodial sentence...
Source-derived case information.
- Citation
- [2024] KEHC 14693 (KLR)
- Parties
- Applicant: Beatrice Wanjiru Mukunya; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E506 of 2024
- Procedural Posture
- Criminal Revision / Ruling on Sentence Revision
- Outcome
- Custodial sentence revised; applicant to serve remainder of sentence under Community Service Order at Nderi Police Station.
- Judges
- PN Gichohi
- Legal Topics
- Obtaining Money by False Pretence, Sentencing Revision, Community Service Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Beatrice Wanjiru Mukunya
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Revision
Legal Issues
- 1 Whether the applicant's sentence should be revised in light of the probation officer's recommendation for community service.
- 2 Whether the applicant is suitable for a Community Service Order as an alternative to imprisonment.
Ratio Decidendi
The court found that the applicant, having been convicted of obtaining money by false pretence and sentenced to a fine or imprisonment, was suitable for a Community Service Order based on the Probation Officer's positive report. The court exercised its revisionary jurisdiction to substitute the custodial sentence with a Community Service Order to be served at Nderi Police Station, in line with the recommendations and the need to decongest prisons. The decision balanced the interests of justice, rehabilitation, and public policy considerations regarding non-custodial sentences for suitable offenders.
Court Disposition
Custodial sentence revised; applicant to serve remainder of sentence under Community Service Order at Nderi Police Station.
Orders
- The applicant shall serve the remainder of her sentence under Community Service Order at Nderi Police Station.
- The terms of the Community Service Order shall be explained to the applicant.
Full Case Text
Judgment text and source record
23 paragraphs
Mukunya v Republic (Criminal Revision E506 of 2024) [2024] KEHC 14693 (KLR) (25 November 2024) (Ruling)
Neutral citation: [2024] KEHC 14693 (KLR)
Republic of Kenya
In the High Court at Nakuru
Criminal Revision E506 of 2024
PN Gichohi, J
November 25, 2024
Between
Beatrice Wanjiru Mukunya
Applicant
and
Republic
Respondent
Ruling
1. This file has been brought up for Revision in order to decongest the Nakuru GK prison.
2. The Applicant (Beatrice Wanjiru Mukunya) was charged in Molo MCCR E995 of 2022 with the offence of;Count I : Obtaining Money by false pretence contrary to Section 313 of the Penal Code.
3. The particulars are that on 23rd Day of December, 2021 at Molo Town in Londiani Shopping Centre in Nakuru County, within the Republic of Kenya, with intent to defraud obtained a total sum of Kenya Shillings Five Hundred and Fifty Thousand (550,000/=) from Winny cherono Korir by falsely pretending that you were in a position to sell to her a parcel of land number Molo South/Ikumbi Block 8/213 (Murinduko) situated at Kuresoi North Sub County a fact you knew to be false or untrue.Count II : Obtaining Money by false pretence contrary to Section 313 of the Penal Code.
4. The particulars are that on 30th Day of November, 2021 at Nakuru in Nakuru County, within the Republic of Kenya, with intent to defraud obtained a total sum of Kenya Shillings Five Hundred Thousand (500,000/=) from Charles Ocharo Gesicho by falsely pretending that you were in a position to sell to him a parcel of land number Molo South/Ikumbi Block 8/213 (Murinduko) measuring approximate area of 0. 5645 situated at Kuresoi North Sub County a fact you knew to be false or untrue.
5. She pleaded not guilty and proceeded on trial where she was found guilty and was sentenced to pay a fine of Ksh.200,000/- in default eighteen (18) months imprisonment on each count.
6. The Sentence Review Report by the Probation officer, Molo dated 19th November, 2024 found the Applicant suitable for Community Service. It is recommended that she be placed on Community Service Order to serve the reminder of her sentence at Nderi Police Station.
7. This case is suitable for Revision. The Applicant is now to serve the reminder thereof under Community Service Order at Nderi Police Station.
8. The terms will be explained to her.
DATED, SIGNED AND DELIVERED AT NAKURU THIS 25THDAY OF NOVEMBER, 2024. PATRICIA GICHOHIJUDGEIn the presence of:Mr. Kihara for RespondentRuto - Court Assistant