[2024] KEHC 14057 (KLR)
The court found that the pre-sentencing report on record was inadequate as it did not capture the accused's conduct after the delivery of judgment, specifically his failure to attend court, disappearance while in hospital, and subsequent arrest. Given these material developments, the court exercised its discretion...
Source-derived case information.
- Citation
- [2024] KEHC 14057 (KLR)
- Parties
- Applicant: Republic; Defendant: Benson Muchiri
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 31 of 2019
- Procedural Posture
- Criminal Case / Directions Before Sentencing
- Outcome
- Pre-sentencing report expunged; new report ordered; mention for compliance set.
- Judges
- HI Ong'udi
- Legal Topics
- Sentencing Procedure, Pre Sentencing Report, Warrant of Arrest, Bond Breach
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Benson Muchiri
Defendant
Procedural Posture
Criminal Case / Directions Before Sentencing
Legal Issues
- 1 Whether the pre-sentencing report on record is valid given it does not capture the accused's conduct after judgment delivery.
- 2 Whether a new pre-sentencing report should be ordered given the accused's absence and subsequent conduct.
Ratio Decidendi
The court found that the pre-sentencing report on record was inadequate as it did not capture the accused's conduct after the delivery of judgment, specifically his failure to attend court, disappearance while in hospital, and subsequent arrest. Given these material developments, the court exercised its discretion to expunge the report and directed the probation office to prepare a new, comprehensive pre-sentencing report within 14 days, to be undertaken by a different probation officer. This was necessary to ensure that the sentencing process is informed by a complete and accurate account of the accused's conduct, as required by law and judicial practice.
Court Disposition
Pre-sentencing report expunged; new report ordered; mention for compliance set.
Orders
- The pre-sentencing report dated 22nd January, 2024 is expunged from the record.
- The probation office is directed to file a new pre-sentencing report within 14 days, not to be undertaken by Mr. Samuel Ndung’u.
Full Case Text
Judgment text and source record
19 paragraphs
Republic v Muchiri (Criminal Case 31 of 2019) [2024] KEHC 14057 (KLR) (11 November 2024) (Directions)
Neutral citation: [2024] KEHC 14057 (KLR)
Republic of Kenya
In the High Court at Nakuru
Criminal Case 31 of 2019
HI Ong'udi, J
November 11, 2024
Between
Republic
Prosecutor
and
Benson Muchiri
Accused
Directions
1. This matter is coming up for Ruling on sentence today (11th November, 2024). Upon perusal of the record I note that Judgement herein was delivered by H. K. Chemitei J on 22nd November, 2022 in the absence of the accused but in the presence of his counsel Mr. Ikua. The Hon. Judge gave a mention date for 29th November, 2023 before this court for directions on sentencing. On the said date the accused who was out on bond did not attend court.
2. Following counsel Ikua’s explanation the court gave a further mention on 14th December, 2023 and called for a pre-sentencing report. The accused did not appear before court which issued a Warrant of arrest and a summons for his surety. He was later availed under Warrant of arrest on 29th January, 2024 but fell ill while in the cells. He was rushed to hospital. The court was on 1st February, 2024 notified by the prosecution counsel Mr. Konga of the accused’s disappearance while in hospital. He was not heard of until 9th July, 2024 when he was presented to the court under Warrant of arrest.
3. In the meantime, the pre-sentencing report by the probation was filed on 19th January, 2024 though its dated 22nd January, 2024. I have deliberately set out the above history to confirm that the pre-sentencing report did not capture anything about the accused’s conduct after delivery of the Judgment to his arraignment in court on 9th July, 2024 under Warrant of arrest.
4. I therefore expunge the said report from the record and direct the probation office to file another pre-sentencing report within 14 days. The same should not be undertaken by Mr. Samuel Ndung’u who did the expunged report. Mention on 27/11/2024 to confirm filing of the report and a Ruling date.Orders accordingly.
DELIVERED, DATED AND SIGNED THIS 11TH DAY OF NOVEMBER, 2024 IN OPEN COURT.H. I. ONG’UDIJUDGE