Namu v Republic [2024] KEHC 2458 (KLR)

Namu v Republic (Criminal Revision 15 of 2024) [2024] KEHC 2458 (KLR) (6 March 2024) (Ruling)

Neutral citation: [2024] KEHC 2458 (KLR)

Republic of Kenya

In the High Court at Kibera

Criminal Revision 15 of 2024

DR Kavedza, J

March 6, 2024

Between

Risper Murugi Namu

Applicant

and

Republic

Respondent

Ruling

1. The applicant was charged and pleaded guilty on 3 counts of the offence of stealing contrary to section 268 (1) as read with section 275 of the Penal Code. She was sentenced to pay a fine of Kshs. 40,000, Kshs. 15,000 and Kshs. 50,000 respectively for the three counts. In default she was to serve, 6 months, 3 months and 6 months imprisonment on each count. She filed an application seeking sentence review. She urged the court to grant a non-custodial sentence.

2. The court called for a probation report which was filed on 5th March 2024. I note that the same was not favourable. The probation officer did not recommend a non – custodial sentence.

3. Having considered the application in its totality, I note that before sentencing, the trial court called for and considered the pre-sentencing report. The sentence imposed was also legal and lenient in the circumstances.

4. In my view I find no good cause or reason to revise the sentence imposed by the trial court. The applicant is directed to serve the remainder of her sentence.Orders accordingly.

RULING DATED AND DELIVERED VIRTUALLY THIS 6TH DAY OF MARCH 2024D. KAVEDZAJUDGE