[2019] KEHC 5572 (KLR)
The court found that despite the applicant's personal circumstances, including her status as a single mother and her efforts at rehabilitation, the nature of the offence—robbery with violence—was grave. The original sentence of seven years imprisonment was already considered lenient. The post-sentence report...
Source-derived case information.
- Citation
- [2019] KEHC 5572 (KLR)
- Parties
- Applicant: VNM; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Murang'a
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 2 of 2019
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- application for revision refused
- Judges
- K Kimondo
- Legal Topics
- Sentence Revision, Robbery With Violence, Community Service Orders, Custodial Vs Non Custodial Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
VNM
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant's sentence for robbery with violence should be revised to a non-custodial sentence.
- 2 Whether the applicant's personal circumstances and rehabilitation justify alteration of the custodial sentence.
Ratio Decidendi
The court found that despite the applicant's personal circumstances, including her status as a single mother and her efforts at rehabilitation, the nature of the offence—robbery with violence—was grave. The original sentence of seven years imprisonment was already considered lenient. The post-sentence report indicated some positive steps by the applicant but also referenced her association with an outlawed group. The court concluded that justice would not be served by substituting the custodial sentence with a community service order or a non-custodial sentence. Accordingly, there were no sufficient grounds to revise the sentence, and the application for revision was refused.
Court Disposition
application for revision refused
Orders
- The application for revision of sentence is refused.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MURANG’A
CRIMINAL REVISION NO. 2 OF 2019
VNM..........................................................................................APPLICANT
VERSUS
REPUBLIC...........................................................................RESPONDENT
[Revision from the sentence in Criminal Case 1255 of 2017 at Kigumo by A. Mwangi, Senior Resident Magistrate dated 13th August 2018]
RULING
1. The applicant has moved the court for revision of sentence.
2. Section 362 as read with section 364 of the Criminal Procedure Code vests the High Court with wide power to alter or reverse a sentence.
3. In her deposition filed on 22nd January 2019, the applicant avers that she is a single mother of four children aged 8, 7, 4 and six months respectively. She and the four year old son are HIV positive.
4. She claims to have reformed in prison. She pleaded with the court to consider the welfare of her children; and, to review her sentence to a non-custodial punishment.
5. The applicant was convicted for robbery with violence. The learned trial magistrate, relying on William Okungu Kittiny v Republic,Court of Appeal at Kisumu, Criminal Appeal 56 of 2013 (2018) eKLR, sentenced the applicant to seven years imprisonment. It was in my view a very lenient sentence.
6. I called for a post-sentence report under the Community Service Orders Act.The report was filed on 17th June 2019. It confirms that the applicant has undergone counseling and guidance at Thika Women’s Prison. She has also learnt useful skills including sewing.
7. However, the interview with the local chief described the applicant as “a member of an outlawed group” that terrorized the public. The applicant has barely served a year in prison.
8. I empathize with the applicant, her medical condition and the pitiable circumstances of her children. But considering the nature of the offence and the lenient sentence, I am afraid there are no grounds for revision. In particular, justice would notbe served by a community service order or a non-custodial sentence.
9. The revision is accordingly refused.
It is so ordered.
DATED, SIGNED and DELIVERED at MURANG’A this 23rd day of July 2019.
KANYI KIMONDO
JUDGE
Ruling read in open court in the presence of-
The applicant.
Mr. Mutinda for the Republic.
Ms. Dorcas and Ms. Elizabeth, Court Clerks.