[2024] KEHC 7416 (KLR)
The court found that the applicant, having pleaded guilty to the offences of threatening to kill and malicious damage to property, was properly sentenced by the trial court. The Sentence Review Report did not recommend a non-custodial sentence, and there were no exceptional circumstances to warrant interference with...
Source-derived case information.
- Citation
- [2024] KEHC 7416 (KLR)
- Parties
- Applicant: Kevin Nyangeri; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nyamira
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E051 of 2024
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- application for revision dismissed; applicant to continue serving custodial sentence
- Judges
- WA Okwany
- Legal Topics
- Threats to Kill, Malicious Damage to Property, Sentencing, Plea of Guilty
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kevin Nyangeri
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant is entitled to a revision of his custodial sentence for threatening to kill and malicious damage to property.
- 2 Whether the Sentence Review Report justifies a non-custodial sentence for the applicant.
Ratio Decidendi
The court found that the applicant, having pleaded guilty to the offences of threatening to kill and malicious damage to property, was properly sentenced by the trial court. The Sentence Review Report did not recommend a non-custodial sentence, and there were no exceptional circumstances to warrant interference with the sentence. The court therefore directed that the applicant continue to serve his sentence in custody.
Court Disposition
application for revision dismissed; applicant to continue serving custodial sentence
Orders
- The applicant shall continue to serve his sentence in custody.
Full Case Text
Judgment text and source record
17 paragraphs
Nyangeri v Republic (Criminal Revision E051 of 2024) [2024] KEHC 7416 (KLR) (6 June 2024) (Ruling)
Neutral citation: [2024] KEHC 7416 (KLR)
Republic of Kenya
In the High Court at Nyamira
Criminal Revision E051 of 2024
WA Okwany, J
June 6, 2024
Between
Kevin Nyangeri
Applicant
and
Republic
Respondent
(From the original Conviction and Sentence in the Senior Principal Magistrates’ Court at Keroka, Criminal Case No. MCCR E847 of 2023 by Hon. M. Munyekenye, Senior Principal Magistrate on 15th December 2023)
Ruling
1. The Applicant was convicted on his own plea of guilty for the offence of threatening to kill contrary to Section 223 (1) of the Penal Code and malicious damage to property contrary to Section 339 (1) of the Penal Code. The trial court sentenced to serve 3 years imprisonment on the first count and 12 months imprisonment for the second count concurrently. The Applicant has already served two and a half (2½) months of his sentence. The Sentence Review Report filed on 3rd April 2024 by Probation Officer Peter Mogusu Ayienda does not recommend a non-custodial sentence. I hereby direct that the Applicant continues to serve his sentence in custody.Orders accordingly.
DATE AND DELIVERED AT NYAMIRA ON THIS 6TH DAY OF JUNE 2024. W.A. OKWANYJUDGE