[2024] KEHC 8698 (KLR)
The court found that the probation officer's report, which assessed the applicant as suitable for a non-custodial sentence, was credible and unchallenged. Exercising its revisionary jurisdiction under section 362 of the Criminal Procedure Code, the court determined that the custodial sentence imposed by the trial...
Source-derived case information.
- Citation
- [2024] KEHC 8698 (KLR)
- Parties
- Applicant: Bonface Mwangi Wanjiri; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Murang'a
- Jurisdiction
- Kenya
- Case Number
- Revision Case E090 of 2024
- Procedural Posture
- Criminal Revision / Ruling on Sentence Revision
- Outcome
- sentence revised and substituted with community service order
- Judges
- S Mbungi
- Legal Topics
- Sentence Revision, Non Custodial Sentencing, Probation Reports
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Bonface Mwangi Wanjiri
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Revision
Legal Issues
- 1 Whether the sentence of two years imprisonment imposed by the trial court should be revised under section 362 of the Criminal Procedure Code.
- 2 Whether the applicant is suitable for a non-custodial sentence based on the probation officer's report.
Ratio Decidendi
The court found that the probation officer's report, which assessed the applicant as suitable for a non-custodial sentence, was credible and unchallenged. Exercising its revisionary jurisdiction under section 362 of the Criminal Procedure Code, the court determined that the custodial sentence imposed by the trial court was not appropriate in light of the applicant's suitability for community service. The sentence was therefore revised and substituted with a Community Service Order to be served at Gacharage Assistant Chief Office under supervision for the remainder of the term.
Court Disposition
sentence revised and substituted with community service order
Orders
- The custodial sentence imposed by the trial court is set aside.
- The applicant shall serve a Community Service Order at Gacharage Assistant Chief Office under the supervision of the Assistant Chief for the remainder of the sentence.
Full Case Text
Judgment text and source record
18 paragraphs
Wanjiri v Republic (Revision Case E090 of 2024) [2024] KEHC 8698 (KLR) (19 July 2024) (Ruling)
Neutral citation: [2024] KEHC 8698 (KLR)
Republic of Kenya
In the High Court at Murang'a
Revision Case E090 of 2024
S Mbungi, J
July 19, 2024
Between
Bonface Mwangi Wanjiri
Accused
and
Republic
Prosecution
Ruling
1. The inmate has requested the court to invoke its powers under section 362 of Criminal Act and the review the sentence of two years meted on him by trial court.
2. I have looked at the charge and the sentence. The court sought for a probation report on his suitability. I have looked at the report filed by Rose Muriu. After interviewing relevant sources, she found the inmate suitable for non- custodial sentence.
3. I have no reason to doubt the findings of the probation officer. I do review the sentence imposed by the trial court and substitute it with an order that the inmate (applicant) to Service Community Server Order at Gacharage Assistant Chief Office under the supervision of Assistant Chief Gacharage for the remainder of the term of sentence.Right of appeal 14 days.
DATED 19TH DAY OF JULY, 2024 AND READ IN OPEN COURT INT EH PRESENCE OF COURT ASSISTANT ELIZABETH, RESPONDENT AND THE INMATE.HON. MR. JUSTICE S. MBUNGIJUDGE OF THE HIGH COURT