[2019] KEHC 11664 (KLR)
The court found that the applicant was remorseful and did not intend to offend the law, as evidenced by the Probation Officer's Report. On humanitarian grounds, the court exercised its discretion to review the sentence, setting aside the original three-year sentence and ordering that the applicant be released,...
Source-derived case information.
- Citation
- [2019] KEHC 11664 (KLR)
- Parties
- Applicant: Rodgers Mululubu John; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 68 of 2019
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Sentence reviewed in favour of the applicant; applicant ordered to be set free unless otherwise lawfully held.
- Legal Topics
- Sentencing Review, Probation Reports, Remorse and Mitigation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Rodgers Mululubu John
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant's sentence should be reviewed based on the Probation Officer's Report and humanitarian grounds.
Ratio Decidendi
The court found that the applicant was remorseful and did not intend to offend the law, as evidenced by the Probation Officer's Report. On humanitarian grounds, the court exercised its discretion to review the sentence, setting aside the original three-year sentence and ordering that the applicant be released, having served sufficient sentence.
Court Disposition
Sentence reviewed in favour of the applicant; applicant ordered to be set free unless otherwise lawfully held.
Orders
- The sentence of three years is set aside and substituted with an order that the applicant has served sufficient sentence.
- The applicant is to be forthwith set free unless otherwise lawfully held.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL DIVISION
CRIMINAL REVISION NO. 68 OF 2019
RODGERS MULULUBU JOHN...........................APPLICANT
VERSUS
REPUBLIC..........................................................RESPONDENT
RULING
1. I have gone through the Probation Officer’s Report that was filed before the trial court. I note that the Applicant is remorseful. He obtained the ID card so that he could secure a job. He did not intend to offend the law. Purely on humanitarian grounds, I shall review the sentence in his favour.
2. I set aside the sentence of three years and substitute it with an order that the Appellant has served sufficient sentence. I order that he be forthwith set free unless otherwise lawfully held.
DELIVERED AND DATED THIS 31ST DAY OF JULY 2019.
G.W. NGENYE-MACHARIA
JUDGE
In the presence of:
1. Applicant in person
2. M/s Akunja for the Respondent