Keuya v State [2024] KEHC 12102 (KLR)

Keuya v State (Criminal Revision E003 of 2024) [2024] KEHC 12102 (KLR) (19 September 2024) (Ruling)

Neutral citation: [2024] KEHC 12102 (KLR)

Republic of Kenya

In the High Court at Kisii

Criminal Revision E003 of 2024

TA Odera, J

September 19, 2024

Between

Patrick Onkendi Keuya

Applicant

and

State

Respondent

((From original conviction and sentence in Criminal case no. 6 of 2021 of the Magistrates Court at Ogembo))

Ruling

1The applicant was charged in the lower court with the offences of destroying crops pf cultivated produce Contrary to Section 334(i) of the Penal Code, Forcible detainer contrary to section 91 of the penal code, malicious damage to property contrary to section 339 (1) of the Penal Code. The case was heard and determined and the offender was sentenced to one-year imprisonment on each count. The sentences were suspended.

2On 8. 9.23 the complainant attended court and informed it that the offender has planted maize on the land herein after the suspended sentence was meted out on 25. 7.23.

3The court found that he had unlawfully breached the same and substituted the suspended sentence with imprisonment in each of the counts and the same is to run consecutively.

4The applicant filed the motion dated 12. 2.24 seeking review of the said sentence on the grounds that he did not understand the conditions of the suspended sentence and the law generally. He said he is 74 years old and he is ailing regretted the incident and that he has learnt his lessons and promised not to repeat. He sought a non-custodial sentence. The Prosecution counsel submitted that the applicant breached the conditions of the suspended sentence and thus the imprisonment was lenient.

5This court called for a pre-sentence review report. The report was filed herein. The same revealed that the applicant is 74 years old, he is ailing and regrets the offence and has promised change. Also that the disputes centers on applicant’s family land which was sold to complainant by his mother and brothers without his knowledge. Also that complaint promised to table the land dispute before the local administration for resolution.

6I have carefully considered the application, the nature of the offence and its circumstances and the reply. I also saw the applicant in court and I have no doubt that he is a senior citizen. The applicant has already served one year in prison and I believe he has learnt his lessons in prison. He has stated that he regrets the reoffending and also promised to change his behavior. I will give the applicant another chance. I proceed to exercise the powers of this court under Section 362 of the Criminal Procedure Code and place him on probation for a period of 2 years for all the counts herein. The offences were committed in the same transaction so I order that same run concurrently.

T.A ODERAJUDGE19. 9. 24Delivered in Open court in the presence of:The applicantKimanthi for ProsecutionCourt Assistant: Oigo.