[2023] KEHC 19619 (KLR)

[2023] KEHC 19619 (KLR)

The High Court found no basis to interfere with the sentence imposed by the trial court, as the applicant was convicted on his own plea of guilty for breaking into a building and committing a felony under section 306(a) of the Penal Code. The sentence of three years imprisonment or a fine of Kshs 100,000/= was...

Source-derived case information.

Citation
[2023] KEHC 19619 (KLR)
Parties
Applicant: Duke Yungo Nyabera; Respondent: Republic
Court
High Court
Court Station
High Court at Nyamira
Jurisdiction
Kenya
Case Number
Criminal Revision E081 of 2023
Procedural Posture
Criminal Revision / Ruling
Outcome
Application for revision dismissed. Applicant to serve the remainder of the sentence imposed by the trial court.
Judges
WA Okwany
Legal Topics
Plea of Guilty, Sentencing, Breaking Into Building, Felony Offences
Source Language
en
Criminal Law Plea of Guilty Sentencing Breaking Into Building Felony Offences

Source-derived case record

Summary, issues, holding and outcome

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Parties

Duke Yungo Nyabera

Applicant

Republic

Respondent

Procedural Posture

Criminal Revision / Ruling

Legal Issues

  1. 1 Whether the applicant is entitled to a revision of sentence after conviction on plea of guilty.
  2. 2 Whether the sentence imposed by the trial court was appropriate in the circumstances.

Ratio Decidendi

The High Court found no basis to interfere with the sentence imposed by the trial court, as the applicant was convicted on his own plea of guilty for breaking into a building and committing a felony under section 306(a) of the Penal Code. The sentence of three years imprisonment or a fine of Kshs 100,000/= was within the law. The probation officer's report did not recommend a non-custodial sentence, and the applicant had already served two and a half months. The court therefore directed that the applicant continue to serve the remainder of his sentence, being one year and eight months, as there was no justification for revision or reduction of the sentence.

Court Disposition

Application for revision dismissed. Applicant to serve the remainder of the sentence imposed by the trial court.

Orders

  • The applicant shall continue to serve the remaining part of his sentence being 1 year and 8 months.