Mutitu v Republic [2024] KEHC 10938 (KLR)

Mutitu v Republic (Criminal Revision E051 of 2024) [2024] KEHC 10938 (KLR) (17 September 2024) (Ruling)

Neutral citation: [2024] KEHC 10938 (KLR)

Republic of Kenya

In the High Court at Kibera

Criminal Revision E051 of 2024

DR Kavedza, J

September 17, 2024

Between

Lucy Catherine Mutitu

Applicant

and

Republic

Respondent

Ruling

1. This file was brought before me for the decongestion exercise pursuant to the Chief Justice’s memo dated 7/12/2022, which provides that inmates who are serving three (3) years imprisonment or less, or those serving long sentences but have a balance of three (3) years or less may be considered for non-custodial sentences.

2. I have gone through the file and noted that applicant was convicted by the trial court for six counts. In counts I, II and III, she was convicted for the offence of obtaining by false pretences contrary to section 313 of the Penal Code. In Counts IV, V, and VI, she was convicted for the offence of personating a public officer contrary to section 105(b) of the Penal Code. She was sentenced to serve 2 years imprisonment on each count of obtaining money by false pretences, and a fine of Kshs. 50,000/- and in default to serve 12 months imprisonment on each count of personating a public officer. Sentences that were to run consecutively. In total, the applicant is serving six years and 36 months for the default sentences.

3. According to the Prison Conduct Report dated 7th August 2024, the applicant has two years and four months left to complete her sentence. The report also indicates that the applicant has been of good behaviour since her admission to prison.

4. A probation report was also filed with respect to the applicant. According to the said report, the applicant has been receptive to rehabilitation programs while in prison and she is remorseful about committing the offence.

5. The Applicant obtained huge sums of money from unsuspecting members of public. As such, releasing here at this stage will enrage the public.

6. Although the findings in the probation report are in favour of the applicant, public interest is paramount.

7. I therefore decline to release the Applicant under the decongestion exercise.

8. The file shall be taken back to the lower court for safe custody.Orders accordingly.

RULING DELIVERED THIS 17THDAY OF SEPTEMBER 2024. D. KAVEDZAJUDGE