[2024] KEHC 2458 (KLR)
The High Court found that the trial court had called for and considered a pre-sentencing report before imposing sentence. The sentence imposed was within the law and was not excessive given the circumstances. The probation report filed for the revision application did not recommend a non-custodial sentence. There...
Source-derived case information.
- Citation
- [2024] KEHC 2458 (KLR)
- Parties
- Applicant: Risper Murugi Namu; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 15 of 2024
- Procedural Posture
- Criminal Revision / Ruling on Sentence Review
- Outcome
- application for sentence revision dismissed
- Judges
- DR Kavedza
- Legal Topics
- Sentence Revision, Stealing Offence, Penal Code Section 275, Non Custodial Sentence, Probation Report
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Risper Murugi Namu
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Review
Legal Issues
- 1 Whether the sentence imposed by the trial court was excessive or illegal.
- 2 Whether there was justification to revise the custodial sentence to a non-custodial sentence.
Ratio Decidendi
The High Court found that the trial court had called for and considered a pre-sentencing report before imposing sentence. The sentence imposed was within the law and was not excessive given the circumstances. The probation report filed for the revision application did not recommend a non-custodial sentence. There was no illegality, impropriety, or other sufficient cause shown to warrant interference with the sentence. Accordingly, the application for sentence revision was dismissed and the applicant was directed to serve the remainder of her sentence.
Court Disposition
application for sentence revision dismissed
Orders
- The application for sentence revision is dismissed.
- The applicant is directed to serve the remainder of her sentence.
Full Case Text
Judgment text and source record
19 paragraphs
Namu v Republic (Criminal Revision 15 of 2024) [2024] KEHC 2458 (KLR) (6 March 2024) (Ruling)
Neutral citation: [2024] KEHC 2458 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Revision 15 of 2024
DR Kavedza, J
March 6, 2024
Between
Risper Murugi Namu
Applicant
and
Republic
Respondent
Ruling
1. The applicant was charged and pleaded guilty on 3 counts of the offence of stealing contrary to section 268 (1) as read with section 275 of the Penal Code. She was sentenced to pay a fine of Kshs. 40,000, Kshs. 15,000 and Kshs. 50,000 respectively for the three counts. In default she was to serve, 6 months, 3 months and 6 months imprisonment on each count. She filed an application seeking sentence review. She urged the court to grant a non-custodial sentence.
2. The court called for a probation report which was filed on 5th March 2024. I note that the same was not favourable. The probation officer did not recommend a non – custodial sentence.
3. Having considered the application in its totality, I note that before sentencing, the trial court called for and considered the pre-sentencing report. The sentence imposed was also legal and lenient in the circumstances.
4. In my view I find no good cause or reason to revise the sentence imposed by the trial court. The applicant is directed to serve the remainder of her sentence.Orders accordingly.
RULING DATED AND DELIVERED VIRTUALLY THIS 6TH DAY OF MARCH 2024D. KAVEDZAJUDGE