https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/10989
The court found that the applicant had in fact mitigated, but the sentence imposed for malicious damage to property was excessive because he pleaded guilty and the prior charges referenced by the trial court were irrelevant to the offence. The five-year terms were therefore set aside and replaced with two years on...
Source-derived case information.
- Citation
- [2026] KEHC 10989 (KLR)
- Parties
- Applicant: TIMOTHY MATANI; Respondent: REPUBLIC
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E019 of 2026
- Procedural Posture
- Criminal Revision / Revision From Original Conviction and Sentence
- Outcome
- Sentence revised downward.
- Judges
- ["RPV Wendoh"]
- Legal Topics
- Malicious Damage to Property, Guilty Plea, Mitigation, Maximum Sentence, Concurrent Sentences, Excessive Sentence
- 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
TIMOTHY MATANI
Applicant
REPUBLIC
Respondent
Procedural Posture
Criminal Revision / Revision From Original Conviction and Sentence
Legal Issues
- 1 Whether the applicant was denied an opportunity to mitigate before sentence.
- 2 Whether the sentence of five years imprisonment on each count was excessive and harsh.
- 3 Whether the court should revise the sentence and order concurrent terms.
Ratio Decidendi
The court found that the applicant had in fact mitigated, but the sentence imposed for malicious damage to property was excessive because he pleaded guilty and the prior charges referenced by the trial court were irrelevant to the offence. The five-year terms were therefore set aside and replaced with two years on each count, to run concurrently.
Court Disposition
Sentence revised downward.
Orders
- The sentence of five (5) years imprisonment on each count was set aside.
- A sentence of two (2) years imprisonment on each count was substituted.
Full Case Text
Judgment text and source record
1 paragraphs
**REPUBLIC OF KENYA** **IN THE HIGH COURT OF KENYA AT KAPENGURIA.** **CRIMINAL REVISION NO. E019 OF 2026** FROM ORIGINAL CONVICTION AND SENTENCE OF CM.CRI. NO. E041 OF 2023 **(CORAM – HON. R.P.V. WENDOH – JUDGE)** **TIMOTHY MATANI ………………………………………….. APPLICANT** * **V E R S U S –** **REPUBLIC ………………………………………………...… RESPONDENT** **RULING.** I have considered the applicant’s Notice of Motion seeking revision on account that he was not allowed to mitigate and the sentence is harsh. The applicant was charged with two counts of Malicious damage to property Contrary to Section 339(1) of the Penal Code. He pleaded guilty, was convicted and at first, he was placed on probation for one (1) year. However, it was found out that he was facing a charge of causing Grievous Harm Contrary to Section 234 of the Penal Code. The trial court cancelled the probation order and instead sentenced the Applicant to serve five (5) years imprisonment on each count on 23/8/2024. The court did not order that the sentence runs concurrently but the committal warrant indicates that the sentences were to run concurrently. Although the applicant claims not to have mitigated before sentence, this court is satisfied that he gave his mitigation, the court record shows that he gave his mitigation before sentence to probation. The applicant seeks a revision of his sentence. The trial court gave the applicant the maximum sentence under Section 339(1) of the Penal Code, i.e five (5) year imprisonment.. He had pleaded guilty and did not waste the court’s time. The court therefore finds that under the circumstances, the sentence was excessive. The previous offences he had been charged with were not relevant to the offence of malicious damage to property. Consequently, having found the sentence to be excessive and harsh, I hereby set aside the sentence of five (5) years imprisonment on each count and substitute it with a sentence of two years on each count and the sentences will run concurrently. It is so ordered. File closed. Dated, signed and delivered in Kapenguria this 16th day of July, 2026 **HON. R. P.V. WENDOH.** **JUDGE.**