David Maina Kariuki v Republic [2016] KEHC 5073 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NANYUKI

CRIMINAL REVISION NO. 8 OF 2016

DAVID MAINA KARIUKI  ………………………………. APPELLANT

Versus

REPUBLIC ……………………………………………….. RESPONDENT

RULING

1. DAVID MAINA KARIUKI (Kariuki) is 28 year old.  He was convicted by the Nanyuki Chief Magistrate’s Court of the offence of stealing contrary to Section 275 of the Penal Code Cap 63.  He was convicted on 25th of September 2015 and sentenced to serve 2 1/2 years of jail term.  He has so far served 6 months  and 6 days.  It is important to note that Kariuki was arrested and was remanded before trial from August 2014 until his conviction in September 2015.

The court in exercise of its revision powers under section 364 of cap 75  requested the probation office to prepare a report on Kariuki for this court to consider if he is suitable to have his sentence revised. That report is favourable to Kariuki serving a sentence of probation.

2.  Kariuki is married and has one child.  He is remorseful  and has promised to change his attitude and become a law abiding citizen.  Having considered the probation report and the fact that Kariuki was in remand from August 2014 up to September 2015 when he began to serve his 2 ½ years prison sentence I will revise the sentence of the lower court.   I do find that kariuki is suitable to serve sentence of probation.

3. Accordingly I order as follows:-

(a)  David Maina Kariuki shall serve 6 months probation under probation officer Laikipia east.

DATED THIS 31ST DAY OF MAY 2016

MARY KASANGO

JUDGE

CORAM:

Before Justice Mary Kasango

Court Assistant – Njue

Appellant:  Daniel Maina Kariuki …......................

For the State: ….....................................

COURT

Ruling delivered in open court.

MARY KASANGO

JUDGE