[2015] KEHC 7682 (KLR)
The court found that the applicant had spent one year in remand custody prior to conviction and that the stolen motor vehicle was recovered. These factors were considered sufficient mitigation to warrant a reduction of the custodial sentence imposed by the trial court. Accordingly, the sentence of two years...
Source-derived case information.
- Citation
- [2015] KEHC 7682 (KLR)
- Parties
- Applicant: Victor Gatara; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Revision Case 90 of 2015
- Procedural Posture
- Miscellaneous Application / Application for Revision of Sentence
- Outcome
- sentence reduced
- Judges
- LK Kimaru
- Legal Topics
- Sentence Revision, Remand Custody Credit, Recovery of Stolen Property
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Victor Gatara
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Application / Application for Revision of Sentence
Legal Issues
- 1 Whether the applicant is entitled to a reduction of sentence considering the period spent in remand custody.
- 2 Whether the recovery of the stolen motor vehicle justifies a reduction of sentence.
Ratio Decidendi
The court found that the applicant had spent one year in remand custody prior to conviction and that the stolen motor vehicle was recovered. These factors were considered sufficient mitigation to warrant a reduction of the custodial sentence imposed by the trial court. Accordingly, the sentence of two years imprisonment was reduced to one year imprisonment, effective from the original date of sentencing by the trial court.
Court Disposition
sentence reduced
Orders
- The sentence of two years imprisonment imposed by the trial court is reduced to one year imprisonment.
- The sentence shall take effect from 23rd January 2015, the date of the original sentence.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL DIVISION
MISC. APPLICATION NO.90 OF 2015
(An Application for Revision arising out of the conviction and sentence of
C.N. ONDIEKI –RM delivered on 23rd January 2015
in Kibera CM.CR. Case No.4625 of 2013
VICTOR GATARA…………..…..…...……………………APPLLICANT
VERSUS
REPUBLIC…….……………………………………………RESPONDENT
RULING
This court has considered the applicant’s plea for reduction of sentence. The court notes that the applicant was in remand custody for one year before he was convicted. Taking into consideration that the stolen motor vehicle was recovered, this court will favourably consider the applicant’s application for reduction of sentence. The sentence of the trial court of two years imprisonment is reduced to one year imprisonment. The sentence shall take effect from 23th January 2015 when the applicant was sentenced by the trial court. It is so ordered.
DATED AT NAIROBI THIS 1ST DAY OF OCTOBER 2015
L. KIMARU
JUDGE