[2025] KEHC 4629 (KLR)
The High Court found that the trial was conducted in accordance with procedural requirements, and the applicant was given an opportunity to mitigate. The applicant pleaded guilty, saving judicial time and resources. There was no opposition from the prosecution to the application for review. Considering these...
Source-derived case information.
- Citation
- [2025] KEHC 4629 (KLR)
- Parties
- Applicant: Daniel Muraya Ngunyi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E060 of 2025
- Procedural Posture
- Criminal Revision / Ruling on Application for Review of Sentence
- Outcome
- application for review of sentence allowed; sentence reduced
- Judges
- MA Odero
- Legal Topics
- Sentence Revision, Stealing Offence, Plea of Guilty, Mitigation, Penal Code Section 268, Powers of High Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Daniel Muraya Ngunyi
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Review of Sentence
Legal Issues
- 1 Whether the sentence imposed by the trial court was proper and should be revised.
- 2 Whether the applicant's guilty plea and mitigation warranted a reduction of sentence.
Ratio Decidendi
The High Court found that the trial was conducted in accordance with procedural requirements, and the applicant was given an opportunity to mitigate. The applicant pleaded guilty, saving judicial time and resources. There was no opposition from the prosecution to the application for review. Considering these factors, the court determined that the sentence imposed by the trial court was excessive and warranted reduction. The sentence was therefore revised to a fine of Kshs. 500,000 in default four years imprisonment, effective from the date of sentence.
Court Disposition
application for review of sentence allowed; sentence reduced
Orders
- The sentence imposed upon the applicant is reduced to a fine of Kshs. 500,000 in default four years imprisonment running from the date of sentence.
- The file is now closed.
Full Case Text
Judgment text and source record
23 paragraphs
Ngunyi v Republic (Criminal Revision E060 of 2025) [2025] KEHC 4629 (KLR) (10 April 2025) (Ruling)
Neutral citation: [2025] KEHC 4629 (KLR)
Republic of Kenya
In the High Court at Nyeri
Criminal Revision E060 of 2025
MA Odero, J
April 10, 2025
Between
Daniel Muraya Ngunyi
Appellant
and
Republic
Respondent
Ruling
1. The Applicant herein Daniel Muraya Ngunyi has sought to have the sentence imposed upon him by the trial court reviewed. The Applicant had been charged in the Lower Court with the offence of Stealing Contrary to Section 268(1) of the Penal Code.
2. The Applicant pleaded guilty to the offence. Upon the facts being read out the Applicant maintained his plea of Guilty. The trial court then convicted the Applicant. After hearing mitigation the Applicant was sentenced to a fine of Kshs. 1,000,000 in default to serve seven (7) years imprisonment from the date of arrest.
3. The ODPP represented by the learned state counsel do not oppose this application for review of sentence.
4. The Power of the High Court to review sentences is set out in Section 362 of the Penal Code, Cap 63 Laws of Kenya which provides as follows:-“The High Court may call for and examine the record of any criminal proceedings before any subordinate Court for the purpose of satisfying itself as to the correctness, legality or propriety of any finding, sentence or order recorded or passed and as to the regularity of any proceedings in any such subordinate court.”
5. The orders which the High Court may make upon revision are provided by Section 364 of the Penal Code.
6. I have considered the proceedings which took place in the lower court. I am satisfied that the trial was conducted as procedurally required. The Applicant was given an opportunity to mitigate and this mitigation was taken into account pending sentencing.
7. Given that there is no opposition to this application and given that the Applicant pleaded guilty to the charges thereby saving the court from conducting an unnecessary trial.
8. The Applicant was sentenced to serve a total of seven (7) years imprisonment. I allow this application for review and reduce the sentence imposed upon the Applicant to a fine of Kshs. 500,000/= in default four (4) years imprisonment running from the date of sentence. It is so ordered. This file is now Closed.
DATED IN NYERI THIS 10TH DAY OF APRIL 2025. ……………………………………..MAUREEN A. ODEROJUDGE