[2024] KEHC 15182 (KLR)
The court found that the applicant's period of incarceration had fulfilled its rehabilitative and deterrent purposes, as evidenced by his demonstrated remorse, intellectual and emotional recognition of wrongdoing, and observable behavioral reform. Balancing the principles of sentencing, including deterrence,...
Source-derived case information.
- Citation
- [2024] KEHC 15182 (KLR)
- Parties
- Applicant: Alex Wangila Wekesa; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E309 of 2022
- Procedural Posture
- Criminal Revision / Ruling on Application for Sentence Review
- Outcome
- sentence modified to time served; applicant to be released immediately unless otherwise lawfully held
- Judges
- RN Nyakundi
- Legal Topics
- Robbery With Violence, Sentencing Review, Non Custodial Sentence, Rehabilitation, Mitigating Factors
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Alex Wangila Wekesa
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Sentence Review
Legal Issues
- 1 Whether the applicant is entitled to a review of the custodial sentence imposed for robbery with violence.
- 2 Whether the applicant should be considered for a non-custodial sentence based on rehabilitation and mitigating factors.
Ratio Decidendi
The court found that the applicant's period of incarceration had fulfilled its rehabilitative and deterrent purposes, as evidenced by his demonstrated remorse, intellectual and emotional recognition of wrongdoing, and observable behavioral reform. Balancing the principles of sentencing, including deterrence, rehabilitation, and public safety, the court determined that justice had been served and that continued incarceration was unnecessary. Consequently, the sentence was modified to time served, and the applicant was ordered to be released immediately unless otherwise lawfully held.
Court Disposition
sentence modified to time served; applicant to be released immediately unless otherwise lawfully held
Orders
- The sentence is modified to time served.
- The applicant is to be released from custody immediately unless otherwise lawfully held.
Full Case Text
Judgment text and source record
20 paragraphs
Wekesa v Republic (Criminal Revision E309 of 2022) [2024] KEHC 15182 (KLR) (3 December 2024) (Ruling)
Neutral citation: [2024] KEHC 15182 (KLR)
Republic of Kenya
In the High Court at Eldoret
Criminal Revision E309 of 2022
RN Nyakundi, J
December 3, 2024
Between
Alex Wangila Wekesa
Applicant
and
Republic
Respondent
Ruling
Mr. Mugun for the state 1. The applicant was charged with the offence of robbery with violence contrary to section 295 as read with section 296(2) of the Penal Code. The particulars of the charge are that on the 15th day of June, 2021 at around 2000 hours at Kamukunji village at Soy Sub-County within Uasin Gishu County, the applicant jointly with others not before court robbed Isaac Wanyama Wamukota cash Kshs. 30,000/= mobile phone HTI black in color worth Kshs. 1,200/= and shopping which includes 1 Kg sugar, half aloe vera green bar soap, 2kg (posho) maize flour all valued at Kshs 1,500/=. Immediately before the time of robbery wounded the said Isaac Wanyama Wamukoita.
2. The applicant pleaded not guilty to the offence and he was taken through a full trial and found guilty of the offence of robbery. He was thereafter sentenced to 3 years in custody.
3. The applicant has approached this court pursuant to sections 357,362,364& 382 of the Criminal Procedure Code as construed with Article 50(2) (p) & (q) as conjunctively read with Article 50(6)(a) & (b) of the Constitution.
4. The applicant seeks review of the sentence imposed by the trial court. The applicant wishes to be considered for a non-custodial sentence. I have reviewed the record and the mitigating factors advanced by the applicant at the trial court.
5. In determining whether to impose a custodial or non-custodial sentence, the court is required to take into account the following factors: -a)Gravity of the offence: - sentence of imprisonment should be avoided for misdemeanour.b)Criminal history of the offender. Taking into account the seriousness of the offences, first offenders should be considered for non-custodial sentence.c)Character of the offender: - non-custodial sentence are best suited for offenders who are already remorseful and receptive to rehabilitative measures.d)Protection of the community: - where the offender is likely to pose a threat to the community.e)Offender’s responsibility to third parties: - where there are people depending on the offender.f)Children in conflict with the law: - non- custodial orders should be imposed as a matter of course in cases of children in conflict with law, except in circumstances where, in light of the seriousness of the offence coupled with other factors, the court is satisfied that a custodial order is the most appropriate.Upon careful examination of the record before this Court, the applicant's period of incarceration has achieved its transformative purpose, transcending mere punitive measures to forge genuine rehabilitation. During his confinement, he has demonstrated not only intellectual recognition of his transgressions but also profound emotional comprehension of their impact, manifesting in observable behavioral reform. The Court has meticulously weighed the cardinal principles of sentencing, general and specific deterrence, rehabilitation, and the paramount consideration of public safety against the demonstrable changes wrought during his term of imprisonment. Finding that justice has been served and its aims fulfilled, I hereby modify the sentence to time served and direct the applicant's immediate release, unless and otherwise lawfully held.It is so ordered.
SIGNED, DATE AND DELIVERED AT ELDORET THIS 3RD DAY OF DECEMBER, 2024. …………………………………….R. NYAKUNDIJUDGE