Samuel Ndirangu Gichohi v Republic [2016] KEHC 6247 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NYERI

REVISION CASE NO. 20 OF 2015

SAMUEL NDIRANGU GICHOHI………………………APPLICANT

VERSUS

REPUBLIC……………………………...…………….RESPONDENT

RULING

The applicant was charged in Mukurweini Senior Principal Magistrates Court Criminal Case No. 154 of 2014   with the offence of stealing contrary to section 268(1) as read with section 275 of the Penal Code. He was convicted on his own plea of guilty and sentenced to serve three years imprisonment.

The appellant’s case was brought before this court for revision and consideration of whether the remainder of his sentence could be commuted to community service rather. It would appear the reason for the need for revision of the sentence is informed by the fact that he is suffering from a terminal disease. This information is contained in Community Service Officer’s Report dated 18th January, 2015.

As at the time the report was made the applicant had served eleven and a half months of his prison term and he was remaining with more 16 months to serve.

Between January, 2015 and to date the 18th March, 2016, the applicant has virtually completed his sentence. Considering his health condition I order that his prison sentence be reduced to the term he has served. Accordingly, he is set at liberty unless he is lawfully held under a separate warrant.

Signed, dated and delivered in open court this 18th March, 2016

Ngaah Jairus

JUDGE