[2024] KEHC 7379 (KLR)
The court found that the applicant had already served more than one year of the two-year sentence, the stolen mobile phone had been recovered and returned to the complainant, and the co-accused received more lenient sentences (probation and community service order). Considering these factors, and invoking the...
Source-derived case information.
- Citation
- [2024] KEHC 7379 (KLR)
- Parties
- Applicant: Douglas Githaka Ngigi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Murang'a
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E186 of 2024
- Procedural Posture
- Criminal Revision / Ruling on Application for Sentence Review
- Outcome
- application allowed; sentence reduced to period served; applicant to be released immediately
- Judges
- AM Muteti
- Legal Topics
- Sentence Review, Imprisonment Term, Probation Orders, Recovery of Property
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Douglas Githaka Ngigi
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Sentence Review
Legal Issues
- 1 Whether the sentence of two years imprisonment imposed on the applicant should be reviewed in light of the circumstances of the case.
- 2 Whether the return of the stolen mobile phone and the applicant's period already served in prison justify a reduction of sentence.
Ratio Decidendi
The court found that the applicant had already served more than one year of the two-year sentence, the stolen mobile phone had been recovered and returned to the complainant, and the co-accused received more lenient sentences (probation and community service order). Considering these factors, and invoking the court's revisionary powers under Section 364 of the Criminal Procedure Code and Article 165 of the Constitution, the court determined that the interests of justice would be served by reducing the applicant's sentence to the period already served. The court further noted that the applicant had likely learned from the experience and ordered his immediate release.
Court Disposition
application allowed; sentence reduced to period served; applicant to be released immediately
Orders
- The sentence of two years imprisonment imposed on the applicant is reduced to the period already served.
- The applicant shall be released from prison custody immediately.
Full Case Text
Judgment text and source record
22 paragraphs
Ngigi v Republic (Criminal Revision E186 of 2024) [2024] KEHC 7379 (KLR) (6 June 2024) (Ruling)
Neutral citation: [2024] KEHC 7379 (KLR)
Republic of Kenya
In the High Court at Murang'a
Criminal Revision E186 of 2024
AM Muteti, J
June 6, 2024
Between
Douglas Githaka Ngigi
Applicant
and
Republic
Respondent
Ruling
1. The application before me seeks a review of the sentence of 2 years imposed by the trial magistrate against the Applicant.
2. I have noted from the record that the applicant was charged together with 2 others in Murang’a CMCRC No. E 001/2023.
3. The co-accused of the Applicant were placed on probation (Accused 1) and C.S.O for Accused 3).
4. The record shows that the magistrate noted that the report of the present Applicant was unfavourable thus he was sentenced on the 11th January 2023 to serve two years imprisonment I take note of the fact that the mobile phone the subject matter of the charges was recovered and returned to the complainant.
5. The mobile phone having been returned to the complainant and the accused having been in prison since 11th January 2023, to serve two years imprisonment. I take note of the fact that the mobile phone the subject matter of the charges was recovered and returned to the complainant.
6. The mobile phone having been returned to the complainant and the accused having been in prison since 11th January 2023, I am inclined to consider the application favourably and invoke the provisions of Section 364 of the Criminal Procedure Code as read together with the provisions of Art 165 of the Constitution of Kenya and reduce the prison term to the period already served considering that the applicant has done more than one year in prison.
7. The prison conditions being what they are, I am certain that the applicant has learnt a useful lesson or two so that as he returns to the village he will have to think twice whenever the thought of stealing crosses his mind.The applicant shall be released from prison custody immediately.
DATED, SIGNED AND DELIVERED VIRTUALLY AT NAIROBI THIS 6TH DAY OF JUNE 2024. A. M. MUTETI................................JUDGEI certify that this is a true copy of the originalSignedDEPUTY REGISTRARIn the presence of:Yussuf: Court AssistantApplicant -Mwangi for the Respondent