[2024] KEHC 6045 (KLR)
The court found that although the applicant was a first offender and had pleaded guilty to the alternative charge of handling stolen property, the offence was serious and did not warrant interference with the sentence imposed by the trial court. However, the court recognized that the applicant had spent...
Source-derived case information.
- Citation
- [2024] KEHC 6045 (KLR)
- Parties
- Applicant: Paul Karimi Wagura; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E024 of 2023
- Procedural Posture
- Criminal Revision / Ruling on Application for Review of Sentence
- Outcome
- Sentence upheld with direction to deduct time spent in custody.
- Judges
- MA Odero
- Legal Topics
- Sentence Review, Handling Stolen Property, First Offender, Penal Code Section 322, Time Spent in Custody
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Paul Karimi Wagura
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Review of Sentence
Legal Issues
- 1 Whether the sentence imposed on the applicant for handling stolen property should be reviewed.
- 2 Whether the period spent in custody prior to sentencing should be considered in the applicant's sentence.
Ratio Decidendi
The court found that although the applicant was a first offender and had pleaded guilty to the alternative charge of handling stolen property, the offence was serious and did not warrant interference with the sentence imposed by the trial court. However, the court recognized that the applicant had spent approximately three months in custody prior to sentencing and directed that this period be deducted from the custodial sentence. The review was therefore limited to accounting for time already served, not altering the substantive sentence or fine imposed.
Court Disposition
Sentence upheld with direction to deduct time spent in custody.
Orders
- The three-month period the applicant spent in custody prior to sentencing shall be deducted from his sentence.
Full Case Text
Judgment text and source record
27 paragraphs
Wagura v Republic (Criminal Revision E024 of 2023) [2024] KEHC 6045 (KLR) (27 May 2024) (Ruling)
Neutral citation: [2024] KEHC 6045 (KLR)
Republic of Kenya
In the High Court at Nyeri
Criminal Revision E024 of 2023
MA Odero, J
May 27, 2024
Between
Paul Karimi Wagura
Applicant
and
Republic
Respondent
Ruling
1. The Applicant herein Paul Karimi Wagura has applied to have the sentence imposed on him reviewed.
2. The Applicant had been charged with the offence of Breaking into a building and committing a Felony contrary to Section 306 (a) of the Penal Code Cap 63 Laws of Kenya.
3. The particulars of the charge were that on diverse dates between 6th and 7th December, 2023 at Belleview Trading Center in Kieni West Sub-County within Nyeri County the Applicant jointly with others before court broke and entered into ASIP Building with intent to steal.
4. The Applicant faced an alternative charge of Handling Stolen Propertycontrary to Section 322 (1) as read with Section 322 (2) of the Penal Code.
4. The Applicant pleaded ‘Not Guilty’ to the main charge but entered plea of ‘Guilty’ to the alternative charge.
5. The Learned trial magistrate thereafter sentenced the Applicant to serve a fine of Kshs. 50,000 or to serve two (2) years imprisonment. The Applicant now prays to have that sentence reviewed.
6. The Hon. DPPP opposed the application for review of sentence.
7. The powers of the High Court to review sentence is provided by Section 362 of the Criminal Procedure Code Cap 75 which provides as follows:-“The High Court may call for and examine the record of any criminal proceedings before any subordinate court for the purpose of satisfying itself as to the correctness, legality or propriety of any finding, sentence or order recorded or passed, and as to the regularity of any proceedings of any such subordinate court.
8. I have considered the facts of this case as well as the submissions filed by both parties. The Applicant pleaded guilty to the charge and maintained this plea even after the facts were read out.
9. Although the Applicant was a first offender the charge is serious. I am therefore not inclined to interfere with the sentence as imposed by the trial court.
10. Having said that I note that the Applicant was in custody from the time of his arrest on 9th December, 2022 to the date of his sentencing which was 7th March, 2023 being a period of approximately three (3) months. I direct that the three (3) month period the applicant spent in custody be deducted from his sentence.
11. It is so ordered.
DATED IN NYERI THIS 27TH DAY OF MAY, 2024. …………………………………………MAUREEN A. ODEROJUDGE