Njuguna v Republic [2023] KEHC 23777 (KLR)

Njuguna v Republic (Criminal Revision E012 of 2023) [2023] KEHC 23777 (KLR) (19 October 2023) (Ruling)

Neutral citation: [2023] KEHC 23777 (KLR)

Republic of Kenya

In the High Court at Kericho

Criminal Revision E012 of 2023

JK Sergon, J

October 19, 2023

Between

Joseph Kimando Njuguna

Applicant

and

Republic

Respondent

Ruling

1. Joseph Kimando Njuguna, hereinafter referred to as the Applicant was convicted of stealing contrary to section 268 (1) as read with section 275 of the Penal Code cap 75 Laws of Kenya.

2. On December 28, 2022, Hon. B.R. Kipyegon, the then Principal Magistrate sentenced the Applicant to three years imprisonment.

3. The proceedings relating to the aforesaid case, that is Kericho CM Criminal Case No. E3056 of 2022 Republic-vs-Joseph Kimando Njuguna were placed before this Court pursuant to the provisions of section 362 and 364 of the Criminal Procedure Code.

4. The Probation Officer filed a sentence review report. In the said report it was noted that the applicant was remorseful. His step mother was ready and willing to receive him back home. The applicant was attached to the kitchen department during his incarceration. The prison authorities were of the view that the applicant had reformed and was therefore suitable for a non-custodial sentence.

5. The probation officer, while taking into consideration the stepmother’s willingness to receive the inmate, the prison assessment and sentiments by prison authority, the probation officer made a finding that the instant case was suitable for sentence review and therefore recommended that the applicant was fit to complete the remaining term of his sentence while on probation.

6. The maximum sentence prescribed under section 275 of the Penal Code for the offence of theft is 3 years imprisonment. It is apparent that the applicant is a first offender. He pleaded guilty to the offence. The Trial Magistrate sentenced the applicant to serve the maximum sentence of 3 years.

7. I find the sentence not appropriate for a person who is a first offender and who pleaded guilty. Prima facie, the sentence is harsh and Excessive.

8. In exercise of this court’s power of revision, I hereby set aside the sentence of 3 years and substitute it with a sentence of twelve (12) months. The sentence to run from the date of sentence.

9. I also order that the applicant Namely:- Joseph Kimando Njuguna, who has so far served Ten (10) months to be set free from Prison and Ordered to serve the remainder of the sentence i.e. Two (2) months on Probation under the supervision of the Kericho county Probation Officer.

DATED, SIGNED AND DELIVERED THIS 19TH DAY OF OCTOBER, 2023. ...............................J.K. SERGONJUDGE