Asembeka v Republic [2024] KEHC 10575 (KLR)

Asembeka v Republic (Criminal Revision E291 of 2023) [2024] KEHC 10575 (KLR) (21 June 2024) (Ruling)

Neutral citation: [2024] KEHC 10575 (KLR)

Republic of Kenya

In the High Court at Murang'a

Criminal Revision E291 of 2023

CJ Kendagor, J

June 21, 2024

Between

Vincent Luvayo Asembeka

Applicant

and

Republic

Respondent

Ruling

1. This Revision emanates from the Criminal Revision Exercise undertaken by the then Chairperson of the National Committee on Community Service Orders, invoking its powers of Revision. On 20th December, 2023, the Court directed that a Sentence Review Report be prepared for consideration.

2. The convict was sentenced to 7 years’ imprisonment for the offense of Stealing by Servant contrary to Section 281 of the Penal Code and was convicted on his plea of guilty. He was sentenced to 7 years’ imprisonment on 1st August 2022.

3. I have considered the sentence review report prepared by the Probation Officer, Muranga County Station, and presented to the Court on 12th March 2024.

4. The Probation Officer’s report indicates that the convict is remorseful and merits leniency. The victim opined that the period the convict has spent in prison could be said to have been sufficient punishment in the circumstances of the case and he has no objection to the review of the sentence. The convict is a first offender and has been in custody since his arraignment in court on 28th April 2022.

5. The case is suitable for sentence review, I set aside the default sentence and substitute it with the period already served.

6. The convict shall be released forthwith unless otherwise lawfully held.

7. It is so ordered.

DELIVERED, DATED, AND SIGNED AT NAIROBI ON THIS 21ST DAY OF JUNE, 2024. …………………………….C. KENGAGORJUDGERuling delivered through the Microsoft Teams online platform.In the presence of;Court Assistant: HellenODPP: Mr. OduorConvict: Vincent Luvayo Asembeka