Malakwen v Republic [2022] KEHC 13602 (KLR)

Malakwen v Republic (Criminal Revision E149 of 2022) [2022] KEHC 13602 (KLR) (4 October 2022) (Ruling)

Neutral citation: [2022] KEHC 13602 (KLR)

Republic of Kenya

In the High Court at Naivasha

Criminal Revision E149 of 2022

GL Nzioka, J

October 4, 2022

Between

Paul Langat Malakwen

Applicant

and

Republic

Respondent

Ruling

1. The applicant was charged before the Chief Magistrate’s Court at Naivasha vide criminal case No E1177 of 2022, with the offence of being in a dwelling house with intent to commit a felony contrary to section 305(1) of the Penal Code. The particulars of the charge are as per the charge sheet.

2. The charges was read to the applicant and he pleaded guilty. He was then convicted on his own plea of guilty and sentenced to serve eighteen(18) months imprisonment

3. He now prays for revision of the sentence as stated in the notice of motion application filed in court on September 15, 2022. It is supported by an affidavit and a memorandum of sentence review in which he states as follows;-a.That, I am a first offenderb.That, I pray that this honourable court allow me to spend the remaining period of my sentence under community service order (C.S.O) or set me at liberty.c.That, I am remorseful of my offence and I have learnt to be a law -abiding citizend.That, I am from a poor family backgrounde.That, I did not give proper mitigation during my sentencing and hence would like to present during the hearing and determination of this applicationf.That, I humbly beg this honourable court for leniency and reduce my eighteen (18) months sentence.g.That, I am not appealing against sentence and conviction but applying for a review of sentence.I have considered the application in the light of the materials placed before the court and I note that, the offence with which the applicant was convicted of is provided for under section 305(1) of the Penal Code, which stipulates as follows;-“Any person who enters or is in any building, tent or vessel used as a human dwelling with intent to commit a felony therein is guilty of a felony and is liable to imprisonment for five years”.

4. Pursuant to the aforesaid, a custodial sentence of 18 months is quite lenient-against a sentence of seven years provided for under the law. I therefore find no basis to interfere with the sentence in anyway and I dismiss the application accordingly.

GRACE L. NZIOKAJUDGE4/10/2022