[2023] KEHC 23004 (KLR)
The court considered the presentencing report, which recommended a non-custodial sentence, and the fact that the convict had already served seven years in pre-conviction custody. The court also took into account the plea bargain agreement, which saved judicial time and resources, and the social circumstances...
Source-derived case information.
- Citation
- [2023] KEHC 23004 (KLR)
- Parties
- Applicant: Republic; Defendant: Paul Muthama Kirugi
- Court
- High Court
- Court Station
- High Court at Murang'a
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 24 of 2016
- Procedural Posture
- Criminal Case / Sentence
- Outcome
- convicted and sentenced
- Judges
- J Wakiaga
- Legal Topics
- Sentencing Principles, Plea Bargain, Pre Conviction Custody, Rehabilitation, Probation Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Paul Muthama Kirugi
Defendant
Procedural Posture
Criminal Case / Sentence
Legal Issues
- 1 Whether the convict should be given a non-custodial sentence in light of the presentencing report and plea bargain agreement.
- 2 How the period of pre-conviction custody should be factored into sentencing.
- 3 Whether rehabilitation is appropriate for the convict.
Ratio Decidendi
The court considered the presentencing report, which recommended a non-custodial sentence, and the fact that the convict had already served seven years in pre-conviction custody. The court also took into account the plea bargain agreement, which saved judicial time and resources, and the social circumstances surrounding the offence, including the breakdown in the family structure and the convict's need for rehabilitation. Balancing these factors, the court determined that a custodial sentence was appropriate but that the period already served should be credited. The court therefore sentenced the convict to ten years' imprisonment from the date of first appearance, with the last three...
Court Disposition
convicted and sentenced
Orders
- The convict is sentenced to ten (10) years' imprisonment with effect from 11th October 2016.
- The last three (3) years of the sentence shall be served on probation.
Full Case Text
Judgment text and source record
22 paragraphs
Republic v Kirugi (Criminal Case 24 of 2016) [2023] KEHC 23004 (KLR) (21 September 2023) (Sentence)
Neutral citation: [2023] KEHC 23004 (KLR)
Republic of Kenya
In the High Court at Murang'a
Criminal Case 24 of 2016
J Wakiaga, J
September 21, 2023
Between
Republic
Prosecutor
and
Paul Muthama Kirugi
Accused
Sentence
1. I have looked at the presentencing report which is in favour of the convict being given non-custodial sentence.
2. I have further taken into account the fact that the convict has served a seven (7) years pre-conviction term and has entered into plea bargain agreement thereby saving judicial time and resources.
3. The cause of death has been established to be as a result of breakdown in the social fabric as the convict decided not to respond to his father and proceeded to look for food from his grandmother. Nothing is said of the whereabout of his mother.
4. I take the view that the convict is in need of rehabilitation.
5. I therefore sentence the convict to a term of Ten (10) years with effect from 11th October 2016 when he first appeared before court. The last three (3) years thereof to be served on probation.
6. For avoidance of doubt the seven (7) years pre-convict term is considered served. The convict shall therefore be released on probation for three (3) years.
7. And it is ordered.
DATED, SIGNED AND DELIVERED AT MURANGA THIS 21ST DAY OF SEPTEMBER 2023. J. WAKIAGAJUDGEIn the presence of:Ms Wangari for Mr. Mbuthia for AccusedMs Gakumu for State