[2024] KEHC 15081 (KLR)
The court found that the applicants had served a substantial part of their custodial sentence for stealing a motorcycle and handling stolen property, and that the probation officer's report was favorable, indicating reformation. Exercising its revisionary jurisdiction, the court determined that the interests of...
Source-derived case information.
- Citation
- [2024] KEHC 15081 (KLR)
- Parties
- Applicant: Kelvin Muranga; Applicant: Rashid Omar; Respondent: Director of Public Prosecution
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E340 of 2024
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- sentence revised; applicants to serve remainder on probation
- Judges
- S Mbungi
- Legal Topics
- Sentencing Revision, Probation Orders, Handling Stolen Property, Stealing Motor Vehicle
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kelvin Muranga
Applicant
Rashid Omar
Applicant
Director of Public Prosecution
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the sentence imposed on the applicants for stealing a motorcycle and handling stolen property should be revised.
- 2 Whether the applicants are suitable for probation based on the probation officer's report.
Ratio Decidendi
The court found that the applicants had served a substantial part of their custodial sentence for stealing a motorcycle and handling stolen property, and that the probation officer's report was favorable, indicating reformation. Exercising its revisionary jurisdiction, the court determined that the interests of justice would be served by revising the sentence to allow the applicants to serve the remainder of their sentence on probation rather than in custody. The court accordingly ordered their release to the probation department for further directions.
Court Disposition
sentence revised; applicants to serve remainder on probation
Orders
- The sentence is revised; the applicants shall serve the remainder of their sentence on probation.
- The applicants are to be released to the probation department for further directions.
Full Case Text
Judgment text and source record
22 paragraphs
Muranga & another v Director of Public Prosecution (Criminal Revision E340 of 2024) [2024] KEHC 15081 (KLR) (26 November 2024) (Ruling)
Neutral citation: [2024] KEHC 15081 (KLR)
Republic of Kenya
In the High Court at Kakamega
Criminal Revision E340 of 2024
S Mbungi, J
November 26, 2024
Between
Kelvin Muranga
1st Applicant
Rashid Omar
2nd Applicant
and
Director of Public Prosecution
Respondent
Ruling
1. The applicants were sentenced to each serve three (3) years imprisonment for the offence of stealing a motorcycle contrary to section 278A of the penal code and handling stolen property contrary to section 322 (1) (2) of the penal code.
2. I have looked at the probation officer’s report. It is favorable.
3. I note the offender has served substantial part of the sentence and is said to have reformed.
4. I therefore revise the sentence and order that he serves the remainder of the sentence on probation.
5. He be released to the probation department for further directions.
DATED, SIGNED AND DELIVERED IN OPEN COURT AT KAKAMEGA THIS 26TH DAY OF NOVEMBER, 2024. S.N MBUNGIJUDGEIn the presence of :Accused – presentCourt Prosecutor – MbonzoCourt Assistant – Elizabeth Angong’a