[2023] KEHC 19808 (KLR)
The court found that the applicant had been convicted on his own unequivocal plea of guilty for the offence of stealing under sections 268 and 275 of the Penal Code. The sentence of a fine of Kshs 10,000 or three months imprisonment was lawfully imposed by the trial court. The applicant served the sentence and was...
Source-derived case information.
- Citation
- [2023] KEHC 19808 (KLR)
- Parties
- Applicant: Amos Kinara Njogu; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nyamira
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E088 of 2023
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Revision file closed as applicant had served sentence and was released; no further orders necessary.
- Judges
- WA Okwany
- Legal Topics
- Stealing Offence, Plea of Guilty, Sentencing, Penal Code Section 268, Penal Code Section 275
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Amos Kinara Njogu
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant was properly convicted on his own plea of guilty for the offence of stealing.
- 2 Whether the sentence imposed by the trial court was lawfully executed and completed.
Ratio Decidendi
The court found that the applicant had been convicted on his own unequivocal plea of guilty for the offence of stealing under sections 268 and 275 of the Penal Code. The sentence of a fine of Kshs 10,000 or three months imprisonment was lawfully imposed by the trial court. The applicant served the sentence and was released from prison on June 3, 2023, as confirmed by the County Probation Director. There being no outstanding issue for determination, the court directed that the revision file be closed as the matter was now spent.
Court Disposition
Revision file closed as applicant had served sentence and was released; no further orders necessary.
Orders
- This Revision file be closed.
Full Case Text
Judgment text and source record
18 paragraphs
Njogu v Republic (Criminal Revision E088 of 2023) [2023] KEHC 19808 (KLR) (29 June 2023) (Ruling)
Neutral citation: [2023] KEHC 19808 (KLR)
Republic of Kenya
In the High Court at Nyamira
Criminal Revision E088 of 2023
WA Okwany, J
June 29, 2023
Between
Amos Kinara Njogu
Applicant
and
Republic
Respondent
(From the original Conviction and Sentence in the Magistrates’ Court at Keroka, Criminal Case No. MCCR E190 of 2023 by Hon. C. Ombija, Senior Resident Magistrate on 3rd April 2023)
Ruling
1. The Applicant was convicted on his own plea of guilty of the offence of stealing contrary to section 268 as read with section 275 of the Penal Code. The trial court sentenced him to pay a fine of Kshs 10,000/= or serve 3 months imprisonment. The letter by Kennedy Okemwa the County Probation Director dated June 15, 2023 indicates that the Applicant was released from GK Kisii Prison on June 3, 2023 upon completion of his sentence. It is hereby directed that this Revision file be closed.
Orders accordingly.
DATED AND DELIVERED AT NYAMIRA ON THIS 29TH DAY OF JUNE 2023. W.A. OKWANYJUDGE