[2018] KEHC 3761 (KLR)
The court found that the applicant was not challenging the legality of her sentences, which were imposed for different offences in separate trials and thus would naturally run consecutively. However, considering the applicant's plea for clemency, her personal circumstances, and her conduct in prison, the court was...
Source-derived case information.
- Citation
- [2018] KEHC 3761 (KLR)
- Parties
- Applicant: Virginia Wambui Mwangi alias Ann Waithera Kairu; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Murang'a
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 1 of 2018
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Sentence
- Outcome
- Application for revision of sentence allowed to the extent of considering a community service order, pending a probation report.
- Judges
- K Kimondo
- Legal Topics
- Sentencing, Community Service Orders, Revision of Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Virginia Wambui Mwangi alias Ann Waithera Kairu
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Whether the applicant is entitled to revision of her sentence to allow for a community service order.
- 2 Whether the sentences for the two convictions should run consecutively or concurrently.
- 3 Whether the applicant's plea for clemency based on personal circumstances warrants judicial intervention.
Ratio Decidendi
The court found that the applicant was not challenging the legality of her sentences, which were imposed for different offences in separate trials and thus would naturally run consecutively. However, considering the applicant's plea for clemency, her personal circumstances, and her conduct in prison, the court was inclined to consider an order under the Community Service Orders Act. The court directed the Probation Service to conduct an inquiry and provide a post-sentence report before making a final order, thereby granting the applicant an opportunity for a non-custodial sentence for the remainder of her term.
Court Disposition
Application for revision of sentence allowed to the extent of considering a community service order, pending a probation report.
Orders
- The Probation Service shall conduct an inquiry into the circumstances of the case and the offender and furnish the court with a post-sentence report within two weeks.
- A mention date will be set for final orders.
Full Case Text
Judgment text and source record
30 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MURANG’A
CRIMINAL REVISION NO. 1 OF 2018
VIRGINIA WAMBUI MWANGI alias
ANN WAITHERA KAIRU..........................APPLICANT
VERSUS
REPUBLIC................................................RESPONDENT
[Revision from the sentence in Criminal Cases Nos. 1200 of 2012 and 1203 of 2012
in the Chief Magistrate’s Court at Murang’a by T. Nzioki and J. J. Masiga,
Ag. Principal Magistrate and Resident Magistrate
dated 9th and 24th December 2014 respectively]
RULING
1. The applicant was convicted and sentenced in separate trials on 9th and 23rd December 2014 respectively.
2. In Murang’a Magistrates Criminal Case 1200 of 2012, she was adjudged guilty of burglary and stealing contrary to sections 279 (b) and 304 (2) of the Penal Code. She was sentenced to three years imprisonment.
3. In Murang’a Magistrates Criminal Case 1203 of 2012, she was convicted of possession of suspected stolen goods contrary to section 323 of the Penal Code. She was also sentenced to three years imprisonment.
4. The trials were in different courts presided over by T. Nzioki and J. J. Masiga, Ag. Principal Magistrate and Resident Magistrate respectively.
5. This matter was reported for revision to the High Court by the Officer in Charge, Lang’ata Women’s Prison in a letter dated 13th March 2018.
6. The applicant states that the two sentences were to run consecutively. The convict has completed serving the first sentence and embarked on the second. She pleads that she is single. She has three children. One of them is a teenager requiring parental guidance. The children are under the care of her widowed mother. She claims to have reformed; learnt some useful trades in prison; and, now leads the choir.
7. Obviously, the applicant is not challenging the legality of the sentences. The two learned trial magistrates were trying two different sets of offences. The sentences handed down would naturally run consecutively.
8. But this is a plea for clemency. The applicant has served three years for the first offence. I am inclined to grant an order under the Community Service Orders Act. Before making the order, and by dint of section 3 of the Act, I direct as follows: That the Community Service Officer (in this case the Probation Service) shall conduct an inquiry into the circumstances of the case and of the offender. The officer shall furnish the court with the post-sentence report within two weeks.
9. I will now grant a suitable mention date for final orders.
It is so ordered.
DATED, SIGNED and DELIVERED at MURANG’A this 4th day of October 2018
KANYI KIMONDO
JUDGE
Ruling read in open court in the presence of-
The applicant.
Ms. Gichuru for the Republic.
Ms. Dorcas and Ms. Elizabeth, Court Clerks.