Nau Wambua v Republic [2018] KEHC 4050 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIVASHA

CRIMINAL REVISION NO. 6 OF 2018

(From Original Conviction and Sentence in Criminal Case No. 1693 of 2017 of the Chief Magistrate’s Court at Naivasha)

NAU WAMBUA...................................................................APPLICANT

-VERSUS-

REPUBLIC.......................................................................PROSECUTOR

IN CHAMBERS

BEFORE JUSTICE MWONGO, J

ORDER ON REVISION

1)  I have considered the Chamber Summons of Nau Wambua filed on 1st March, 2018 together with sworn affidavit.  The convict was charged with the offence of Attempted store breaking contrary to Section 307 of the Penal Code.

2)  Applicant pleaded guilty to breaking and entering into a curio store belonging to Stephen Kinyanjui with intent to steal and did steal therefrom.

3)  In mitigation he says he is an orphan who lived with his grandmother who was dependent on him.   He is married with two children and was the only breadwinner.

4)  I am satisfied that this is a case for revision.  I however note that in this case the Applicant not only attempted but did indeed break into a curio shop form where curios were stolen.

5)  I consider a deterrent sentence of three (3) years sufficient.  The Accused may apply for review depending on his conduct after eighteen months.

Given under my hand and the Seal of this Court this 17th day of May, 2018.

JUSTICE R. MWONGO

JUDGE

Dated at Naivasha this 17th day of  May 2018.

E. KIMILU

DEPUTY REGISTRAR