[2024] KEHC 4322 (KLR)
The court found that both applicants, having pleaded guilty and being first offenders, were suitable candidates for non-custodial sentences based on the probation officer's recommendations and their personal circumstances. The post-sentence probation report indicated that Barnabas Njoroge is immune-depressed, on...
Source-derived case information.
- Citation
- [2024] KEHC 4322 (KLR)
- Parties
- Applicant: Barnabas Njoroge; Applicant: Samwel Wanyonyi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E051 of 2023
- Procedural Posture
- Criminal Revision / Ruling on Application for Review of Sentence
- Outcome
- custodial sentences reviewed and substituted with probation orders for 12 months for both applicants
- Judges
- RN Nyakundi
- Legal Topics
- Sentencing Review, Probation Orders, Plea of Guilty, Non Custodial Sentences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Barnabas Njoroge
Applicant
Samwel Wanyonyi
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Review of Sentence
Legal Issues
- 1 Whether the custodial sentence imposed on the applicants upon their plea of guilty should be reviewed in light of the post-sentence probation report.
- 2 Whether the applicants are suitable candidates for non-custodial sentences based on their personal circumstances and the probation officer's recommendations.
Ratio Decidendi
The court found that both applicants, having pleaded guilty and being first offenders, were suitable candidates for non-custodial sentences based on the probation officer's recommendations and their personal circumstances. The post-sentence probation report indicated that Barnabas Njoroge is immune-depressed, on medication, and was the sole provider for his family, while Samwel Wanyonyi accepted responsibility and was also recommended for probation. The court exercised its discretion under the Criminal Procedure Code and the Constitution to review the custodial sentences and substitute them with probation orders for the remainder of the sentence, emphasizing rehabilitation and...
Court Disposition
custodial sentences reviewed and substituted with probation orders for 12 months for both applicants
Orders
- The custodial sentence for each applicant is reviewed and substituted with a probation order for 12 months, being the balance of the custodial sentence.
- During the probation period, the probation officer shall undertake victim-offender mediation and provide psycho-social support to the applicants.
Full Case Text
Judgment text and source record
25 paragraphs
Njoroge & another v Republic (Criminal Revision E051 of 2023) [2024] KEHC 4322 (KLR) (11 April 2024) (Ruling)
Neutral citation: [2024] KEHC 4322 (KLR)
Republic of Kenya
In the High Court at Eldoret
Criminal Revision E051 of 2023
RN Nyakundi, J
April 11, 2024
Between
Barnabas Njoroge
1st Applicant
Samwel Wanyonyi
2nd Applicant
and
Republic
Respondent
Ruling
Representation:Mark Mugun for the state 1. The applicants were charged with the offence of stealing contrary to section 268(1) as read with section 275 of the Penal code. The particulars of the offence were that on the 25th day of October 2023 at Huruma areas, Turbo sub-county within Usain Gishu County stole Fiber Spliang machine, ODTR, Power meter, Fiber Clover and Fiber Splitters all valued at Kshs. 262,000/= the property of James Wakufula.
2. Each of the applicants pleaded guilty to the offence before Hon. Onkoba on 11th December, 2023 and as a consequence, each of them was convicted on their own plea of guilty and sentenced to a fine of Kshs. 100,000/= in default, two years imprisonment.
3. The applicants have approached this court pursuant to sections 357,362,364& 382 of the Criminal Procedure Code as construed with Article 50(2) (p) & (q) as conjunctively read with Article 50(6)(a)&(b) of the Constitution.
4. The applicants seek review of sentence based on the post-presentence report which captures the following:
5. That Barnabas is aged 52 years, a resident of Kapseret Sub- County who worked as a casual prior to his arrest and indictment for the offence of stealing. He is married and blessed with three children. The offender’s attitude to the offence is that he is willing and ready to pay for his deeds through community work.
6. The recommendations by the probation officer are to the effect that Barnabas is immune-depressed and on medication, he is a first offender. Prior to his arrest, he was the provider of his family. He has shown willingness to serve non-custodial sentence for the rest of the period of his sentence. The report is therefore responsive for the court to consider a non-custodial sentence.
7. As for the 2nd applicant Samwel Wanyonyi, he is aged 32 years, a resident of Kapseret, Langas location. He is not married but happens to have a child from a relationship with another lady. The applicant takes full responsibility for the offence and in this respect the probation officer recommends that he is a suitable candidate to serve on probation for the remainder of the sentence.
8. The custodial sentence be an is hereby reviewed for the applicants to serve on probation for 12 months being the balance of the custodial sentence. It is expected that during this period the probation officer shall undertake victim offender mediation, psycho-social support for the applicants to stay away from any criminal activities and that any re-offending of any nature shall occasion suspension of the probation order for the court to be at liberty to resentence the applicants to serve the full term of imprisonment.
SIGNED, DATE AND DELIVERED AT ELDORET THIS 11TH DAY OF APRIL 2024. .............................R. NYAKUNDIJUDGE