[2018] KEHC 4029 (KLR)
The court found that the applicant, having pleaded guilty to the offence of preparation to commit a felony and being a first offender who presented mitigating circumstances, was entitled to a revision of his sentence. The original sentence of five years imprisonment was deemed excessive in the circumstances. The...
Source-derived case information.
- Citation
- [2018] KEHC 4029 (KLR)
- Parties
- Applicant: Wilson Ndungu alias Vigiji; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Naivasha
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 8 of 2018
- Procedural Posture
- Criminal Revision / Order on Revision
- Outcome
- Sentence revised; custodial term reduced and part of sentence to be served as community service.
- Judges
- RM Mwongo
- Legal Topics
- Sentencing Revision, Preparation to Commit Felony, Plea of Guilty
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Wilson Ndungu alias Vigiji
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Order on Revision
Legal Issues
- 1 Whether the sentence imposed on the applicant upon his plea of guilty was excessive and warranted revision.
- 2 Whether the applicant's status as a first offender and his mitigation as an orphan should affect the sentence.
Ratio Decidendi
The court found that the applicant, having pleaded guilty to the offence of preparation to commit a felony and being a first offender who presented mitigating circumstances, was entitled to a revision of his sentence. The original sentence of five years imprisonment was deemed excessive in the circumstances. The court exercised its revisionary jurisdiction to reduce the sentence to three years, with the last twelve months to be served as community service, conditional upon good conduct and a recommendation from the Prisons Department.
Court Disposition
Sentence revised; custodial term reduced and part of sentence to be served as community service.
Orders
- The applicant's sentence is revised to three years imprisonment.
- The last twelve months of the sentence shall be served as community service, subject to good conduct and a letter from the Prisons Department.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIVASHA
CRIMINAL REVISION NO. 8 OF 2018
(From Original Conviction and Sentence in Criminal Case No. 1409 of 2017 of the Chief Magistrate’s Court at Naivasha)
WILSON NDUNGU........................APPLICANT
-VERSUS-
REPUBLIC.................................PROSECUTOR
IN CHAMBERS
BEFORE JUSTICE MWONGO, J
ORDER ON REVISION
1. I have considered the Chamber Summons of Wilson Ndungu alias Vigiji the Applicant filed on 2nd March, 2018 for revision of sentence. The Applicant was sentenced on 4th January, 2018 upon his own plea of guilty for the offence of preparation to commit a felony contrary to Section 308 (1) of the Penal Code.
2. He was sentenced to serve 5 years imprisonment, having been found armed with dangerous weapons with intent to break into a shop and steal therefrom.
3. He says he is an orphan in mitigation and first offender.
4. This is a proper case for revision. I revise the sentence to three (3) years with the last twelve (12) months being available for the Applicant to be released for community service subject to his maintaining good conduct and a letter from the Prisons Department.
Given under my hand and the Seal of this Court this 17thday of May, 2018.
JUSTICE R. MWONGO
JUDGE
Dated at Naivasha this 17th day of May 2018.
E. KIMILU
DEPUTY REGISTRAR