[2024] KEHC 7464 (KLR)
The court found that the 1st Applicant had served a significant portion of his custodial sentence and that the Sentence Review Report recommended a non-custodial sentence. In the absence of any objection from the prosecution and in the interests of justice and rehabilitation, the court exercised its discretion to...
Source-derived case information.
- Citation
- [2024] KEHC 7464 (KLR)
- Parties
- Applicant: Madison Kibanga Naybuti; Applicant: Samuel Masita Agwata; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nyamira
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E024 of 2024
- Procedural Posture
- Criminal Revision / Ruling on Sentence Review
- Outcome
- Sentence for 1st Applicant revised to Community Service Order; no orders for 2nd Applicant pending report.
- Judges
- WA Okwany
- Legal Topics
- Burglary, Stealing, Sentencing Review, Community Service Order
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Madison Kibanga Naybuti
Applicant
Samuel Masita Agwata
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Review
Legal Issues
- 1 Whether the sentence imposed on the 1st Applicant should be revised in light of the Sentence Review Report and recommendation for a non-custodial sentence.
- 2 Whether any orders should be made regarding the 2nd Applicant in the absence of a Sentence Review Report.
Ratio Decidendi
The court found that the 1st Applicant had served a significant portion of his custodial sentence and that the Sentence Review Report recommended a non-custodial sentence. In the absence of any objection from the prosecution and in the interests of justice and rehabilitation, the court exercised its discretion to substitute the remaining custodial sentence with a Community Service Order at Geta Primary School. For the 2nd Applicant, the court declined to make any orders due to the absence of a Sentence Review Report, emphasizing the necessity of such a report for individualized sentence review. The court directed that a report be filed for the 2nd Applicant before further consideration.
Court Disposition
Sentence for 1st Applicant revised to Community Service Order; no orders for 2nd Applicant pending report.
Orders
- The 1st Applicant shall serve a Community Service Order at Geta Primary School under the supervision of the Head Teacher for the remainder of his sentence.
- No orders are made in respect of the 2nd Applicant at this stage.
Full Case Text
Judgment text and source record
22 paragraphs
Naybuti & another v Republic (Criminal Revision E024 of 2024) [2024] KEHC 7464 (KLR) (13 June 2024) (Ruling)
Neutral citation: [2024] KEHC 7464 (KLR)
Republic of Kenya
In the High Court at Nyamira
Criminal Revision E024 of 2024
WA Okwany, J
June 13, 2024
Between
Madison Kibanga Naybuti
1st Applicant
Samuel Masita Agwata
2nd Applicant
and
Republic
Republic
(From the original Conviction and Sentence in the Chief Magistrates’ Court at Nyamira, Criminal Case No. MCCR E969 of 2023 by Hon. W.K. Chepseba, Chief Magistrate on 23rd November 2023)
Ruling
1. The Applicants were convicted on two counts of the offence of burglary contrary to Section 304 (2) and stealing contrary to Section 279 (b) of the Penal Code. The trial court sentenced each Applicant to serve 4 years imprisonment cumulatively for the two counts. The Sentence Review Report filed by the Probation Officer Nelson Maroa on 3rd April 2024 is in respect of the 1st Applicant only. It indicates that he has already served 5 months and 10 days of his sentence and is remaining with 2 years and 3 months to complete the same. He recommends a non-custodial sentence.
2. I hereby direct that the Applicant serves a Community Service Order at Geta Primary School under the supervision of the school Head Teacher for the remaining period of his sentence.
3. This Court makes no orders in respect of the 2nd Applicant since there is no Sentence Review Report filed for its reference.
4. I hereby direct that a Sentence Review Report for the 2nd Applicant be filed for consideration by the Court. Mention on 27th June 2024. Orders accordingly.
DATED AND DELIVERED AT NYAMIRA ON THIS 13TH DAY OF JUNE 2024. W. A. OKWANYJUDGE