Kenya Judgment

Magistrate's Court · Nakuru Law Courts

Republic v Kamau [2026] KEMC 74 (KLR)

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Professional case brief

Research organized from the available case record

Source document

01

Holding and result

Where a previous conviction is alleged but not clearly reflected in the Victim Impact Assessment Report, the court will call for the relevant file to verify it before passing sentence; sentencing is accordingly reopened for that purpose.

Court disposition

Sentencing hearing reopened

Orders

  • Court to call for the file in Nakuru CRC E1845/2025
  • Sentencing hearing reopened for the purpose of verifying the previous conviction
  • Matter mentioned on 06/05/26

02

Material facts

Parties

Republic

Prosecution Counsel: Macharia

Abubakar Kamau

Accused

Raudhat Wamaitha Muchiri

Victim Counsel: Mr. Ouma

03

Procedural history

  1. Posture

    Criminal / Sentence

04

Questions and positions

Legal issues

Party arguments

Applicant
Learned counsel for the victim, Mr. Ouma, submitted that the accused person has a previous conviction in Nakuru CRC E1845/2025 which had not been clearly brought out in the Victim Impact Assessment Report.

05

Court’s reasoning

  1. 01

    Court's inherent sentencing discretion as exercised in this ruling

    A court may call for the file of a previous related matter to acquaint itself with proceedings and outcome before sentencing.

06

Ratio, limits and disposition

Ratio decidendi

Where a previous conviction is alleged but not clearly reflected in the Victim Impact Assessment Report, the court will call for the relevant file to verify it before passing sentence; sentencing is accordingly reopened for that purpose.

Court disposition

Sentencing hearing reopened

  • Court to call for the file in Nakuru CRC E1845/2025
  • Sentencing hearing reopened for the purpose of verifying the previous conviction
  • Matter mentioned on 06/05/26

Source and reliance status

Magistrate's Court

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Judgment reading view

Judgment text

The complete available source text.

Source document

Magistrate's Court

Judgment

[2026] KEMC 74 (KLR)

Republic v Kamau (Criminal Case E1845 of 2025) [2026] KEMC 74 (KLR) (31 March 2026) (Sentence) Neutral citation: [2026] KEMC 74 (KLR) Republic of Kenya In the Nakuru Law Courts Criminal Case E1845 of 2025 PA Ndege, SPM March 31, 2026 Between Republic Prosecution and Abubakar Kamau Accused Sentence 1. The accused person herein, Abubakar Kamau, has been convicted upon own plea of the offence of Assault Causing Actual Bodily Harm contrary to Section 251 of the Penal Code. He has admitted that on 24/07/2025 at Freehold Area of Nakuru Township in Nakuru East sub-County within Nakuru County, he willfully and unlawfully assaulted Raudhat Wamaitha Muchiri thereby causing her actual bodily harm.

2. During the sentence hearing, learned counsel for the victim, Mr. Ouma, submitted that the accused person has a previous conviction in Nakuru CRC E1845/2025. This previous conviction has however not been brought clearly in the Victim Impact assessment Report presented by the Probation officer. I do therefore call for the file in Nakuru CRC E1845/2025 so that I acquaint myself with the proceedings and outcome therein. Sentencing hearing therefor reopened for the above purpose. DATED, SIGNED AND DELIVERED AT NAKURU IN OPEN COURT THIS 31ST DAY OF MARCH, 2026 ALOYCE-PETER-NDEGE

SENIOR PRINCIPAL MAGISTRATE In the presence of; Court interpreter: Anne Prosecution counsel: Macharia Accused: Present Victim: n/a CT: Mn on 06/05/26.

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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Penal Code, Section 251

Legislation

Legislation referenced in the available case record.

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