[2023] KEHC 23777 (KLR)
The court found that imposing the maximum sentence of three years imprisonment on a first offender who pleaded guilty to theft was harsh and excessive. The court considered the probation officer's report, which indicated the applicant's remorse, reformation, and the willingness of his stepmother to receive him back...
Source-derived case information.
- Citation
- [2023] KEHC 23777 (KLR)
- Parties
- Applicant: Joseph Kimando Njuguna; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E012 of 2023
- Procedural Posture
- Criminal Revision / Ruling on Sentence Revision
- Outcome
- Sentence revised; applicant to serve remainder of sentence on probation.
- Judges
- JK Sergon
- Legal Topics
- Sentencing Principles, Probation Orders, First Offender Treatment, Sentence Revision
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Kimando Njuguna
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Revision
Legal Issues
- 1 Whether the sentence imposed on the applicant, a first offender who pleaded guilty to theft, was harsh and excessive.
- 2 Whether the applicant was suitable for a non-custodial sentence based on the probation report and prison assessment.
Ratio Decidendi
The court found that imposing the maximum sentence of three years imprisonment on a first offender who pleaded guilty to theft was harsh and excessive. The court considered the probation officer's report, which indicated the applicant's remorse, reformation, and the willingness of his stepmother to receive him back home. The prison authorities also supported a non-custodial sentence. Exercising its revisionary jurisdiction, the court set aside the original sentence and substituted it with a twelve-month sentence, with the remainder to be served on probation. This approach balanced the need for punishment with the principles of rehabilitation and proportionality in sentencing.
Court Disposition
Sentence revised; applicant to serve remainder of sentence on probation.
Orders
- The sentence of three years imprisonment is set aside and substituted with a sentence of twelve months imprisonment from the date of sentence.
- The applicant, having served ten months, is to be released from prison and serve the remaining two months on probation under the supervision of the Kericho County Probation Officer.
Full Case Text
Judgment text and source record
24 paragraphs
Njuguna v Republic (Criminal Revision E012 of 2023) [2023] KEHC 23777 (KLR) (19 October 2023) (Ruling)
Neutral citation: [2023] KEHC 23777 (KLR)
Republic of Kenya
In the High Court at Kericho
Criminal Revision E012 of 2023
JK Sergon, J
October 19, 2023
Between
Joseph Kimando Njuguna
Applicant
and
Republic
Respondent
Ruling
1. Joseph Kimando Njuguna, hereinafter referred to as the Applicant was convicted of stealing contrary to section 268 (1) as read with section 275 of the Penal Code cap 75 Laws of Kenya.
2. On December 28, 2022, Hon. B.R. Kipyegon, the then Principal Magistrate sentenced the Applicant to three years imprisonment.
3. The proceedings relating to the aforesaid case, that is Kericho CM Criminal Case No. E3056 of 2022 Republic-vs-Joseph Kimando Njuguna were placed before this Court pursuant to the provisions of section 362 and 364 of the Criminal Procedure Code.
4. The Probation Officer filed a sentence review report. In the said report it was noted that the applicant was remorseful. His step mother was ready and willing to receive him back home. The applicant was attached to the kitchen department during his incarceration. The prison authorities were of the view that the applicant had reformed and was therefore suitable for a non-custodial sentence.
5. The probation officer, while taking into consideration the stepmother’s willingness to receive the inmate, the prison assessment and sentiments by prison authority, the probation officer made a finding that the instant case was suitable for sentence review and therefore recommended that the applicant was fit to complete the remaining term of his sentence while on probation.
6. The maximum sentence prescribed under section 275 of the Penal Code for the offence of theft is 3 years imprisonment. It is apparent that the applicant is a first offender. He pleaded guilty to the offence. The Trial Magistrate sentenced the applicant to serve the maximum sentence of 3 years.
7. I find the sentence not appropriate for a person who is a first offender and who pleaded guilty. Prima facie, the sentence is harsh and Excessive.
8. In exercise of this court’s power of revision, I hereby set aside the sentence of 3 years and substitute it with a sentence of twelve (12) months. The sentence to run from the date of sentence.
9. I also order that the applicant Namely:- Joseph Kimando Njuguna, who has so far served Ten (10) months to be set free from Prison and Ordered to serve the remainder of the sentence i.e. Two (2) months on Probation under the supervision of the Kericho county Probation Officer.
DATED, SIGNED AND DELIVERED THIS 19TH DAY OF OCTOBER, 2023. ...............................J.K. SERGONJUDGE