[2015] KEHC 1845 (KLR)
The court found that, considering the value of the stolen property, its recovery, and the lack of previous convictions, it was appropriate to order probation officer reports before finalizing the sentence. This ensures that all relevant circumstances are considered in determining a just outcome for the applicants,...
Source-derived case information.
- Citation
- [2015] KEHC 1845 (KLR)
- Parties
- Applicant: Peter Wamwere Karanja; Applicant: Josephat Ndungu Waweru; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Naivasha
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 86 of 2015
- Procedural Posture
- Criminal Revision / Order on Revision
- Outcome
- Probation officer reports to be prepared before final sentence determination.
- Judges
- CW Meoli
- Legal Topics
- Stealing by Servant, Sentencing, Probation Reports
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Wamwere Karanja
Applicant
Josephat Ndungu Waweru
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Order on Revision
Legal Issues
- 1 Whether the sentence imposed on the applicants was appropriate given the circumstances of the offence.
- 2 Whether probation officer reports should be considered before finalizing the sentence.
Ratio Decidendi
The court found that, considering the value of the stolen property, its recovery, and the lack of previous convictions, it was appropriate to order probation officer reports before finalizing the sentence. This ensures that all relevant circumstances are considered in determining a just outcome for the applicants, who had pleaded guilty to stealing by servant. The court exercised its revisionary jurisdiction to ensure the sentence was proportionate and that the applicants' personal circumstances were properly evaluated before confirming or varying the custodial sentence imposed by the lower court.
Court Disposition
Probation officer reports to be prepared before final sentence determination.
Orders
- Probation officer reports to be prepared in respect of the accused and placed before the court on or before 9th October, 2015.
- Deputy Registrar to ensure compliance.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIVASHA
CRIMINAL REVISION NO. 86 OF 2015
PETER WAMWERE KARANJA………1ST APPLICANT
JOSEPHAT NDUNGU WAWERU…….2ND APPLICANT
-VERSUS-
REPUBLIC…………………………………RESPONDENT
(From original Committal Order in Criminal Case No. 899 of 2014 of the Senior Resident Magistrate’s Court at Engineer- Mutegi M.K., SRM)
ORDER ON REVISION
Through the High Court Criminal Appeal No. 257 of 2014 and High Court Miscellaneous Application No. 15 of 2015, I became aware of the conviction of Josephat Ndungu Waweru and Peter Wamwere Karanja who were jointly charged before the Senior Resident Magistrate Court Engineer in Criminal Case No. 899 of 2014. I subsequently ordered that a revision file be opened.
I have now perused the proceedings before the lower court. The accused were charged jointly with the offence of Stealing by Servant Contrary to Section 268 as read with Section 281 of the Penal Code. Particulars stated that on the 30th September 2014 at Mawingo Village in Kipipiri within Nyandarua County, jointly being a servants to Garzan Flowers Investment Limited they stole from the said Garzan Flowers
Investment Limited Twenty Four bottles of insecticides (24) all valued at Kshs 38,000/= which came into their possession by virtue of their employment. They pleaded guilty to the offence and were sentenced to serve 5 years imprisonment.
Noting the value of the stolen property the fact that it was recovered, and the fact that no previous convictions were proved against the said accused, I do order for probation officers reports to be prepared in respect to the said accused and placed before me on or before the 9th October, 2015. The Deputy Registrar to ensure compliance.
Written and signed at Naivasha this 24th day of September, 2015
C. MEOLI
JUDGE