[2025] KEHC 5100 (KLR)
The court found that the applicant was convicted on his own plea of guilty for threatening to kill and creating a disturbance, and that the trial court's sentence of one year imprisonment was lawful. The Sentence Review Report filed by the Probation Officer did not recommend a non-custodial sentence. In the absence...
Source-derived case information.
- Citation
- [2025] KEHC 5100 (KLR)
- Parties
- Applicant: Samuel Geke Nyakundi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nyamira
- Jurisdiction
- Kenya
- Case Number
- Revision Case E041 of 2025
- Procedural Posture
- Criminal Revision / Ruling on Sentence Review
- Outcome
- application for sentence revision dismissed; custodial sentence upheld
- Judges
- WA Okwany
- Legal Topics
- Threats to Kill, Breach of Peace, Sentencing Review, Plea of Guilty
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samuel Geke Nyakundi
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Review
Legal Issues
- 1 Whether the applicant is entitled to a revision of his custodial sentence for threatening to kill and creating a disturbance.
- 2 Whether the Sentence Review Report supports a non-custodial sentence for the applicant.
Ratio Decidendi
The court found that the applicant was convicted on his own plea of guilty for threatening to kill and creating a disturbance, and that the trial court's sentence of one year imprisonment was lawful. The Sentence Review Report filed by the Probation Officer did not recommend a non-custodial sentence. In the absence of any compelling reason or recommendation for a non-custodial sentence, the court held that there was no basis to interfere with the custodial sentence imposed by the trial court. The applicant was therefore directed to serve the remainder of his sentence in custody.
Court Disposition
application for sentence revision dismissed; custodial sentence upheld
Orders
- The applicant shall continue to serve the remaining part of his sentence in custody.
Full Case Text
Judgment text and source record
18 paragraphs
Nyakundi v Republic (Revision Case E041 of 2025) [2025] KEHC 5100 (KLR) (30 April 2025) (Ruling)
Neutral citation: [2025] KEHC 5100 (KLR)
Republic of Kenya
In the High Court at Nyamira
Revision Case E041 of 2025
WA Okwany, J
April 30, 2025
Between
Samuel Geke Nyakundi
Applicant
and
Republic
Respondent
(From the original Conviction and Sentence in the Chief Magistrates’ Court at Nyamira, Criminal Case No. E751 of 2024 by Hon. B.A. Jumar, Resident Magistrate on 2nd October 2024)
Ruling
1. The Applicant was convicted, on his own plea of guilty, for the offences of threatening to kill contrary to Section 223 (1) of the Penal Code and creating disturbance in a manner likely to cause a breach of peace contrary to Section 95(1) (b) of the Penal Code. The trial court sentenced him to serve one (1) year imprisonment. The Applicant has served six (6) months of his sentence and is remaining with two (2) months, after remission, to complete the sentence. The Sentence Review Report filed by the Probation Officer, Mr. Nelson Maroa, on 9th April 2025 does not recommend a non-custodial sentence. I therefore direct that the Applicant shall continue to serve the remaining part of his sentence in custody.
Orders accordingly.
DATED AND DELIVERED AT NYAMIRA ON THIS 30TH DAY OF APRIL 2025. W.A. OKWANYJUDGE