Kiptum v Republic [2023] KEHC 24932 (KLR)

Kiptum v Republic (Criminal Revision E014 of 2023) [2023] KEHC 24932 (KLR) (8 November 2023) (Ruling)

Neutral citation: [2023] KEHC 24932 (KLR)

Republic of Kenya

In the High Court at Kibera

Criminal Revision E014 of 2023

DR Kavedza, J

November 8, 2023

Between

Dennis Kipchumba Kiptum

Applicant

and

Republic

Respondent

Ruling

1. The applicant was charged and convicted on a plea of guilty for the offence of stealing from the person contrary to section 279(a) of the Penal Codein Kibera CM Criminal Case No. E1748 of 2022. He was subsequently sentenced to serve three (3) years imprisonment.

2. The applicant has now filed an undated Chamber Summons application lodged in court on June 16, 2023 seeking a revision of his sentence.

3. The application is supported by an affidavit sworn by the applicant, Dennis Kipchumba Kiptum. He avers that the sentence imposed is harsh and excessive, and he therefore seeks a reduction of the same. The application is not opposed by the State.

4. The instant application invokes the revisionary jurisdiction of this court which is donated by section 362 of theCriminal Procedure Code which reads as follows:“…The High Court may call for and examine the record of any criminal proceedings before any subordinate court for the purpose of satisfying itself as to the correctness, legality or propriety of any finding, sentence or order recorded or passed, and as to the regularity of any proceedings of any such subordinate court.

5. The offence that the applicant was facing carried a maximum sentence of fourteen (14) years imprisonment. The applicant was sentenced to three (3) years imprisonment. He however pleaded guilty at the first instance and saved the court’s precious time of holding a full trial, and ought to have been considered favourably. The trial court did not seem to have done this. In that regard, I find that the sentence was manifestly harsh.

6. The upshot is that the sentence of three (3) years imprisonment is set aside and is substituted with a Probation Order for three (3) years. Furthermore, the applicant shall make payments in instalments of twelve (12) months to compensate the complainant for the loss of his mobile phone valued at Kshs.67,999/= until payment in full.

7. It is so ordered.

RULING DATED AND DELIVERED VIRTUALLY THIS 8TH DAY OF NOVEMBER 2023. _________D.KAVEDZAJUDGEIn the presence of:Ms. Akunja for the State.Applicant present (VTC).Joy C/A.