[2018] KEHC 4050 (KLR)
The court found that although the applicant was charged with attempted store breaking, the facts revealed he not only attempted but actually broke into the curio shop and stole items. The court considered the applicant's mitigation, including his family circumstances and status as a breadwinner, but determined that...
Source-derived case information.
- Citation
- [2018] KEHC 4050 (KLR)
- Parties
- Applicant: Nau Wambua; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Naivasha
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 6 of 2018
- Procedural Posture
- Criminal Revision / Order on Revision
- Outcome
- sentence revised to three years imprisonment with eligibility for review after eighteen months
- Judges
- RM Mwongo
- Legal Topics
- Attempted Store Breaking, Sentencing Revision, Plea of Guilty
- 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
Nau Wambua
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Order on Revision
Legal Issues
- 1 Whether the sentence imposed on the applicant for attempted store breaking was appropriate and warranted revision.
- 2 Whether the applicant's mitigation and circumstances justified a reduction or alteration of sentence.
Ratio Decidendi
The court found that although the applicant was charged with attempted store breaking, the facts revealed he not only attempted but actually broke into the curio shop and stole items. The court considered the applicant's mitigation, including his family circumstances and status as a breadwinner, but determined that a deterrent sentence was necessary given the seriousness of the offence. The court held that a three-year sentence was sufficient and allowed for the possibility of review after eighteen months based on the applicant's conduct.
Court Disposition
sentence revised to three years imprisonment with eligibility for review after eighteen months
Orders
- The applicant's sentence is revised to three years imprisonment.
- The applicant may apply for review of the sentence after eighteen months, subject to conduct.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIVASHA
CRIMINAL REVISION NO. 6 OF 2018
(From Original Conviction and Sentence in Criminal Case No. 1693 of 2017 of the Chief Magistrate’s Court at Naivasha)
NAU WAMBUA...................................................................APPLICANT
-VERSUS-
REPUBLIC.......................................................................PROSECUTOR
IN CHAMBERS
BEFORE JUSTICE MWONGO, J
ORDER ON REVISION
1) I have considered the Chamber Summons of Nau Wambua filed on 1st March, 2018 together with sworn affidavit. The convict was charged with the offence of Attempted store breaking contrary to Section 307 of the Penal Code.
2) Applicant pleaded guilty to breaking and entering into a curio store belonging to Stephen Kinyanjui with intent to steal and did steal therefrom.
3) In mitigation he says he is an orphan who lived with his grandmother who was dependent on him. He is married with two children and was the only breadwinner.
4) I am satisfied that this is a case for revision. I however note that in this case the Applicant not only attempted but did indeed break into a curio shop form where curios were stolen.
5) I consider a deterrent sentence of three (3) years sufficient. The Accused may apply for review depending on his conduct after eighteen months.
Given under my hand and the Seal of this Court this 17th day of May, 2018.
JUSTICE R. MWONGO
JUDGE
Dated at Naivasha this 17th day of May 2018.
E. KIMILU
DEPUTY REGISTRAR