[2021] KEHC 5915 (KLR)
The court found that the sentence of four years imposed on the applicant was illegal as it exceeded the statutory maximum of three years for the offence. The court also considered that the applicant was a first offender and that imposing the maximum sentence would be unduly harsh. Consequently, the court set aside...
Source-derived case information.
- Citation
- [2021] KEHC 5915 (KLR)
- Parties
- Applicant: Stephen Karuri Muiruri; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E070 of 2021
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- sentence varied and reduced
- Judges
- GL Nzioka
- Legal Topics
- Sentencing Illegality, Maximum Sentence, First Offender, Plea of Guilty
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stephen Karuri Muiruri
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the sentence imposed on the applicant exceeded the statutory maximum period.
- 2 Whether the applicant's status as a first offender warranted a reduction of sentence.
Ratio Decidendi
The court found that the sentence of four years imposed on the applicant was illegal as it exceeded the statutory maximum of three years for the offence. The court also considered that the applicant was a first offender and that imposing the maximum sentence would be unduly harsh. Consequently, the court set aside the original sentence and substituted it with a sentence of two years, effective from the date of arraignment, without remission. The applicant was ordered to be released upon completion of the two-year term.
Court Disposition
sentence varied and reduced
Orders
- The sentence of four years imposed on the applicant is set aside.
- The applicant is sentenced to two years imprisonment with effect from 18th October 2019, without remission.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
HIGH COURT OF KENYA AT NAIROBI
CRIMINAL DIVISION
CR REV E070 OF 2021
STEPHEN KARURI MUIRURI..............................................................APPLICANT
VERSUS
REPUBLIC.............................................................................................RESPONDENT
RULING
COURT
Application considered. I note from record applicant was arrested on 18th October 2019, arraigned in court on 22nd October 2019. He pleaded not guilty to both counts. Case was heard. PW1 was heard. Later a plea of guilty entered. He was convicted and sentenced on 14th October 2020 to four year.
That period is illegal taking into account that the maximum sentence is three years. On that ground alone, I set aside the sentence imposed upon the applicant. I also note that the accused is a first offender. Maximum sentence would be harsh. I reduce the sentence to two years, with effect from the date of arraignment in custody on 18th October 2019, but without remission. He will be released on 18th October 2021.
It is so ordered
RULING DELIVERED VIRTUALLY, DATED AND SIGNED ON THIS 14TH DAY OF JUNE 2021
GRACE L. NZIOKA
JUDGE
In the presence of:
Ms Chege for the Respondent
Applicant present in person
No appearance for the applicant
Ombuna - Court Assistant