Elumbe v Republic [2022] KEHC 13666 (KLR)

Elumbe v Republic (Criminal Revision E423 of 2021) [2022] KEHC 13666 (KLR) (Crim) (11 October 2022) (Ruling)

Neutral citation: [2022] KEHC 13666 (KLR)

Republic of Kenya

In the High Court at Nairobi (Milimani Law Courts)

Criminal

Criminal Revision E423 of 2021

DO Ogembo, J

October 11, 2022

Between

Rebecca Isiche Elumbe

Applicant

and

Republic

Respondent

Ruling

1. Rebecca Isiche Elumbe, the applicant has applied to this court by way of Notice of Motion application filed herein on January 5, 2022. The application basically seeks revision of sentence and urges that she be given a non-custodial sentence. In the application, she has expressed remorse and asked to be accorded the opportunity to take care of her elderly parents.

2. The prosecution has objected to this application on grounds that the sentence was sufficient, legal and lenient. It was pleaded that this application be dismissed.

3. I have considered this application and the submissions of the 2 opposing sides. In my view this is an application based on compassionate grounds. The applicant was charged with the offence of stealing contrary to section 268 as read with section 275 of the Penal Code. she pleaded guilty to the charges and in the process saved judicial time. She is a young lady aged only about 26 years. she has vide this application, expressed remorse. I have also noted that she was sentenced to serve 2 years imprisonment on August 9, 2021. In effect, she has served 1 year of the 2 years sentence.

4. Section 362 of the Criminal Procedure Code declares that this court may exercise its revisionary powers to ensure propriety of any finding or order of the subordinate court. And section 364 of the Act affirms the revisionary powers of this court as being the same as the powers of the court on appeal under sections 354, 357 and 358.

5. For our instant case, I find section 354(3)(ii) relevant. Same states;“Alter the finding, maintaining the sentence, or with or without altering the finding, reduce or increase the sentence.”

6. I have accordingly therefore taken into account the special circumstances of this case, including the nature of the offence charged, age of the applicant, fact that she pleaded guilty to the charges, the sentence provided in law, her remorsefulness, and the substantial part of the sentence already served. I am convinced that this application for revision of the sentence is meritorious. I accordingly allow the application of the applicant filed herein on January 5, 2022. I revise the sentence herein. The sentence of the applicant is reduced to the period served. The applicant to be released forthwith unless lawfully held. It is so ordered.

D. O. OGEMBOJUDGE11TH OCTOBER 2022. Court:Ruling read out in presence of the applicant (Langata) and Ms. Oduor for the state.D. O. OGEMBOJUDGE11TH OCTOBER 2022. ‘O’FROM: HIGH COURT APPELLATE SIDETO: @G.K. LANGATA WOMENINFO: PHQ.11TH OCTOBER, 2022HCCR REVISION. NO. E423 OF 2021HIGH COURT CRIMINAL REVISION NO. E423 OF 2021 ORIGINATING FROM THE CHIEF MAGISTRATE’S COURT AT MAKADARA CRIMINAL CASE NO. E1750 OF 2021. APPLICANT LTA/852/2021/LS REBECCA ISICHE ELUMBE THE SENTENCE OF THE APPLICANT IS REDUCED TO THE PERIOD SERVED. THE APPLICANT TO BE RELEASED FORTHWITH UNLESS LAWFULLY HELD. IT IS SO ORDERED.DEPUTY REGISTRAR