David Maina Kariuki v Republic

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NANYUKI CRIMINAL REVISION NO. 8 OF 2016 DAVID MAINA KARIUKI ………………………………. APPELLANT Versus REPUBLIC ……………………………………………….. RESPONDENT RULING 1. DAVID MAINA KARIUKI (Kariuki) is 28 year old. He was convicted by the Nanyuki Chief Magistrate’s Court of the offence of stealing contrary to Section 275 of the Penal Code Cap 63. He was convicted on 25th of September 2015 and sentenced to serve 2 1/2 years of jail term. He has so far served 6 months and 6 days. It is important to note that Kariuki was arrested and was remanded before trial from August 2014 until his conviction in September 2015. The court in exercise of its revision powers under section 364 of cap 75 requested the probation office to prepare a report on Kariuki for this court to consider if he is suitable to have his sentence revised. That report is favourable to Kariuki serving a sentence of probation. 2. Kariuki is married and has one child. He is remorseful and has promised to change his attitude and become a law abiding citizen. Having considered the probation report and the fact that Kariuki was in remand from August 2014 up to September 2015 when he began to serve his 2 ½ years prison sentence I will revise the sentence of the lower court. I do find that kariuki is suitable to serve sentence of probation. 3. Accordingly I order as follows:(a) David Maina Kariuki shall serve 6 months probation under probation officer Laikipia east. DATED THIS 31ST DAY OF MAY 2016 MARY KASANGO JUDGE CORAM: Before Justice Mary Kasango Court Assistant – Njue

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