[2020] KEHC 1383 (KLR)
The court found that the applicant had served all but four months of his two-year sentence for the offence of using a motor vehicle on the road with a load greater than specified. Considering the nature of the offence, the period already served, and the lack of opposition from the prosecution, the court determined...
Source-derived case information.
- Citation
- [2020] KEHC 1383 (KLR)
- Parties
- Applicant: Richard Mutunga Mutuku; Respondent: Director of Public Prosecutions
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Miscellaneous Application 308 of 2019
- Procedural Posture
- Criminal Miscellaneous Application / Ruling on Application for Revision of Sentence
- Outcome
- application for revision of sentence allowed; applicant discharged for remaining part of sentence
- Legal Topics
- Sentence Revision, Non Custodial Sentences, Overloading Offences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Richard Mutunga Mutuku
Applicant
Director of Public Prosecutions
Respondent
Procedural Posture
Criminal Miscellaneous Application / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Whether the sentence imposed on the applicant should be revised under sections 362 and 364 of the Criminal Procedure Code.
- 2 Whether the applicant is entitled to a non-custodial sentence given the period already served.
Ratio Decidendi
The court found that the applicant had served all but four months of his two-year sentence for the offence of using a motor vehicle on the road with a load greater than specified. Considering the nature of the offence, the period already served, and the lack of opposition from the prosecution, the court determined that this was an appropriate case for revision of sentence. The court exercised its discretion under sections 362 and 364 of the Criminal Procedure Code to alter the sentence, discharging the applicant from serving the remaining part of the sentence and ordering his immediate release unless otherwise lawfully held.
Court Disposition
application for revision of sentence allowed; applicant discharged for remaining part of sentence
Orders
- The application for revision of sentence is allowed.
- The applicant is discharged for the remaining part of the sentence (approximately 4 months).
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL MISC. APPLICATION CASE NO.308 OF 2019
RICHARD MUTUNGA MUTUKU......................................................APPLICANT
VERSUS
DIRECTOR OF PUBLIC PROSECUTIONS..................................RESPONDENT
RULING
The applicant RICHARD MUTUNGA MUTUKU filed this application dated 20. 11. 2019 on 21. 11. 2019. The same, brought under section 362 and 364 of the Criminal seeks revision of sentence meted out to the applicant. Facing a charge of using a motor vehicle on road with a load greater that a load specified, he was sentenced to a fine of Ksh.200,000/= or in default to serve 2 years imprisonment. This was on 25. 9.2019. The application asks the court grant the applicant an alternative sentence, preferably a non-custodial sentence.
In his submissions in court, the applicant pleads that he has served for 1 year and 3 months. The learned counsel for the prosecution did not oppose this application.
I have considered the submissions of both sides herein. I have also considered the nature of the offence the applicant was convicted of and the fact that he has served all but 4 months of the sentence of 2 years. I am convinced that this is a proper case for revision. I accordingly allow this application and alter the sentence herein. The applicant is discharged for the remaining part of the sentence (approximately 4 months). He is hereby ordered to be released forthwith unless lawfully held.
HON. JUSTICE D. OGEMBO OGOLA
16TH OCTOBER 2020
Court:
Ruling read out online in the presence of the applicant and Ms. Chege for the state.
HON. JUSTICE D. OGEMBO OGOLA
16TH OCTOBER 2020