Cyrus Muse Wambua v Republic [2021] KEHC 5844 (KLR)

REPUBLIC OF KENYA

HIGH COURT OF KENYA AT NAIROBI

CRIMINAL DIVISION

CRIMINAL REVISION E090 OF 2021

CYRUS MUSE WAMBUA......................................................................................APPLICANT

VERSUS

REPUBLIC..........................................................................................................RESPONDENT

RULING

COURT

The applicant was charged with the offence of stealing as per the charge sheet.  He pleaded not guilty on plea date and then entered a plea bargaining that read the sentence of an order he pays Kshs30,000 and in addition pay the complainant a sum of Kshs 107,000 in default to serve two years imprisonment.

The applicant seeks for review of the sentence.  From what has been canvassed before me and the record of the lower court sentence.  I note the following:

a. No default period for non-payment of Kshs30,000.  I therefore review the sentence by ordering that on default of payment of that money, he serves 6 months imprisonment.

b. Secondly, the default period of Kshs 107,000 should have been one (1) year and not two years.  I therefore review the same from two (2) years to one year.

c. The custodial sentence in lieu of default to pay fine run consecutively NOT concurrently.

d. In view of the fact that this is plea bargaining case, and the terms have not been met, further, the sentence of 16 months is already lenient, the period in custody will be deemed to have been taken into account while sentencing.

it is so ordered.

RULING DELIVERED VIRTUALLY, DATED AND SIGNED THIS 14TH DAY OF JUNE 2021

GRACE L. NZIOKA

JUDGE

In the presence of:

Applicant present in person

No appearance for the applicant

Ms Chege for the Respondent

Ombuna – Court Assistant