[2024] KEHC 16377 (KLR)
The court found that the period already served by the applicant in custody was adequate to meet the punitive and deterrent objectives of sentencing for the offence of stealing. The judge determined that extending the custodial sentence would not serve any additional significant purpose or benefit society....
Source-derived case information.
- Citation
- [2024] KEHC 16377 (KLR)
- Parties
- Applicant: Moses Saiya; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E436 of 2024
- Procedural Posture
- Criminal Revision / Sentence Review
- Outcome
- Custodial sentence set aside; applicant to serve remaining sentence under probation supervision.
- Judges
- RN Nyakundi
- Legal Topics
- Sentencing Review, Probation Orders, Plea of Guilty, Misdemeanor Offences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Moses Saiya
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Sentence Review
Legal Issues
- 1 Whether the custodial sentence imposed on the applicant for the offence of stealing was appropriate in the circumstances.
- 2 Whether the period already served in custody sufficiently met the punitive and deterrent objectives of sentencing.
- 3 Whether a non-custodial sentence would be more suitable for the applicant.
Ratio Decidendi
The court found that the period already served by the applicant in custody was adequate to meet the punitive and deterrent objectives of sentencing for the offence of stealing. The judge determined that extending the custodial sentence would not serve any additional significant purpose or benefit society. Considering the nature of the offence, the applicant's plea of guilty, and the principles of sentencing, the court held that a non-custodial sentence under probation supervision was more appropriate. The court further directed that the probation officer facilitate victim-offender mediation and address underlying issues to prevent recidivism, with a warning that any reoffending would...
Court Disposition
Custodial sentence set aside; applicant to serve remaining sentence under probation supervision.
Orders
- The custodial sentence imposed on the applicant is set aside.
- The applicant shall serve the remainder of the sentence under the supervision of a probation officer.
Full Case Text
Judgment text and source record
21 paragraphs
Saiya v Republic (Criminal Revision E436 of 2024) [2024] KEHC 16377 (KLR) (23 December 2024) (Ruling)
Neutral citation: [2024] KEHC 16377 (KLR)
Republic of Kenya
In the High Court at Eldoret
Criminal Revision E436 of 2024
RN Nyakundi, J
December 23, 2024
Between
Moses Saiya
Applicant
and
Republic
Respondent
Ruling
1. The applicant was charged with the offence of stealing contrary to section 268 as read with section 275 of the Penal code. The particulars of the offence are that on 31st August, 2024 at Ngasha area, Langas sub location within Kapseret sub county in Uasin Gishu county stole a cart valued at Kshs. 30,000/= the property of John Mwangi.
2. The applicant pleaded guilty to the offence and as a consequence he was sentenced to 3 months’ imprisonment.
3. The applicant has approached this court pursuant to sections 357,362,364& 382 of the Criminal Procedure Code as construed with Article 50(2) (p) & (q) as conjunctively read with Article 50(6)(a) & (b) of the Constitution.
4. The applicant seeks a sentence review.
5. Upon thorough examination of the totality of circumstances and the core principles of sentencing, I am convinced that the period already served in custody adequately meets the punitive and deterrent objectives in this matter. The applicant's short stint of incarceration has addressed the gravity of this misdemeanor offense. Extending the custodial term would not serve any additional significant purpose nor benefit society.
6. Having weighed the totality of circumstances and the fundamental objectives of sentencing, I am persuaded that a non-custodial sentence would be more appropriate in this case. Accordingly, I direct that the applicant serves a non-custodial sentence for the remaining period under the supervision of a probation officer. During this period, the probation officer shall facilitate victim-offender mediation and address any underlying issues to prevent recidivism. It is imperative to note that any reoffending during this period shall automatically terminate the probation order, whereupon this court shall exercise its discretion to resentence the applicant to serve the full term of imprisonment.
SIGNED, DATE AND DELIVERED AT ELDORET THIS 23RDDAY OF DECEMBER 2024. …………………………………….R. NYAKUNDIJUDGE