[2024] KEHC 4156 (KLR)
The court found that the applicant, having pleaded guilty to burglary and stealing and served a substantial part of his sentence, was suitable for community service as recommended by the Probation Officer. The court exercised its revisionary jurisdiction to substitute the remainder of the custodial sentence with a...
Source-derived case information.
- Citation
- [2024] KEHC 4156 (KLR)
- Parties
- Applicant: Peter Kimani Tugu; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Revision Case E138 of 2024
- Procedural Posture
- Criminal Revision / Ruling on Sentence Revision
- Outcome
- sentence revised; custodial sentence substituted with community service order
- Judges
- HM Nyaga
- Legal Topics
- Burglary, Sentencing Revision, Community Service Orders, Penal Code Offences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Kimani Tugu
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Revision
Legal Issues
- 1 Whether the applicant's custodial sentence should be revised in light of the Probation Officer's recommendation for community service.
- 2 Whether the applicant is suitable for a non-custodial sentence under the circumstances.
Ratio Decidendi
The court found that the applicant, having pleaded guilty to burglary and stealing and served a substantial part of his sentence, was suitable for community service as recommended by the Probation Officer. The court exercised its revisionary jurisdiction to substitute the remainder of the custodial sentence with a community service order at PCA Makongeni Primary School for three months, in line with the objectives of rehabilitation and prison decongestion.
Court Disposition
sentence revised; custodial sentence substituted with community service order
Orders
- The sentence of the trial court is revised.
- The applicant shall serve the remainder of the sentence under community service at PCA Makongeni Primary School for three months.
Full Case Text
Judgment text and source record
22 paragraphs
Tugu v Republic (Revision Case E138 of 2024) [2024] KEHC 4156 (KLR) (9 April 2024) (Ruling)
Neutral citation: [2024] KEHC 4156 (KLR)
Republic of Kenya
In the High Court at Nakuru
Revision Case E138 of 2024
HM Nyaga, J
April 9, 2024
Between
Peter Kimani Tugu
Applicant
and
Republic
Respondent
Ruling
1. This file has been brought up for revision in order to decongest the Nakuru GK Prison.
2. The Applicant was charged with the offence of:Burglary Contrary to Section 304(2) and Stealing Contrary to Section 279(b) of the Penal Code.The particulars are that;On the 3rd day of June 2023 at Mimwaita Village in Rongai Sub County within Nakuru County, broke and entered the house of ROBERT KIMTAI TOO with intent to steal therein and did steal from therein, 30kg of beans valued at Kshs. 7,500/=, three cooking pots valued at Kshs. 9,000/=, three pairs of women shoes valued at Kshs. 4,500/=, electrical wires valued at Kshs. 200,000/=, all valued at Kshs. 221,000/= the property of ROBERT KIMTAI TOO.
3. He pleaded guilty and he was sentenced to pay a fine of Kshs. 10,000/= in default one (1) year In jail.
4. The Applicant has served a substantial part of this sentence.
5. The Sentence Review Report by the Probation Officer, Nakuru County found the Applicant suitable for Community Service. It is recommended that he performs the same at PCA Makongeni Primary School.
6. I find this case fit for Revision and order that the sentence of the trial court be revised. The Applicant is now to serve the remainder thereof under Community Service at PCA Makongeni for three (3) months.
7. The terms will be explained to him.
Dated, signed and delivered at Nakuru this 9th day of April, 2024. _________________H. M. NYAGAJUDGEIn the presence of;C/A OleperonN/A for stateNKR H.C.Rev.E138 of 2024 Page 2 of 2