[2016] KEHC 2219 (KLR)
The court found that the applicant, being a first offender who pleaded guilty, is in college, and whose parents compensated the complainant, should have been considered for a non-custodial sentence. The trial court erred by not taking these mitigating factors into account. The sentence was therefore reviewed to the...
Source-derived case information.
- Citation
- [2016] KEHC 2219 (KLR)
- Parties
- Applicant: Nicholas Koome; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 29 of 2016
- Procedural Posture
- Criminal Revision / Review of Sentence
- Outcome
- sentence reviewed and varied
- Judges
- RPV Wendoh
- Legal Topics
- Sentencing Principles, Probation Orders, First Offender Treatment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nicholas Koome
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Review of Sentence
Legal Issues
- 1 Whether the custodial sentence imposed on a first offender who pleaded guilty and compensated the complainant was appropriate.
- 2 Whether the trial court should have considered a non-custodial sentence in the circumstances.
Ratio Decidendi
The court found that the applicant, being a first offender who pleaded guilty, is in college, and whose parents compensated the complainant, should have been considered for a non-custodial sentence. The trial court erred by not taking these mitigating factors into account. The sentence was therefore reviewed to the period already served in custody, with the remainder to be served on probation.
Court Disposition
sentence reviewed and varied
Orders
- The sentence is reviewed to the period already served in custody.
- The applicant shall serve 6 months on probation.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MERU
CRIMINAL REVISION NO. 29 OF 2016
NICHOLAS KOOME .................................................APPLICANT
VERSUS
REPUBLIC……………..……………………........RESPONDENT
REVIEW ORDER
The applicant herein, Nicholas Koome applied to this court for review of his sentence. He was charged with the offence of stealing, contrary to Section 275 of the Penal Code, convicted on his own plea and the court sentenced him to 10 months imprisonment. The applicant was said to be a first offender. The court called for a probation officer’s report. It has been disclosed that the complainant was compensated by the applicant’s parents. The applicant was sentenced on 12/8/2016. So far, he has served one and a half months in jail. Taking into account the fact that he pleaded guilty, he is a first offender, is in college and that the complaint has been compensated, the trial court should have considered a non-custodial sentence.
I hereby review the sentence to include the period already served and the applicant to serve 6 months on probation.
It is so ordered.
DATED, SIGNED AND DELIVERED THIS 28TH DAY OF SEPTEMBER, 2016.
R.P.V. WENDOH
JUDGE
28/9/2016