REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CRIMINAL DIVISION CRIMINAL REVISION NO. 238 OF 2019 STEPHEN ENZOYA................................................................APPLICANT VERSUS REPUBLIC............................................................................RESPONDENT RULING 1. The Applicant was charged with attempted arson contrary to Section 333 of the Penal Code. He attempted to burn the house he had rented belonging to the complainant, Jackline Muharia on 1 st May, 2018. 2. His plea that he committed the offence when he was drunk cannot be an excuse. If he knows that alcohol compels him to commit an offence, he must desist from it. 3. Under Section 333 of Penal Code, the offence carries a penalty of up to 14 years imprisonment. Hence, the penalty was reasonable in the circumstances. 4. I however partially allow the application with an order that the period the Applicant was in remand prior to the sentencing shall be considered to constitute part of the sentence. Hence, I maintain the sentence but the same shall start running form 1 st May, 2018 Dated and Delivered at Nairobi This 26th day of November, 2019. G.W.NGENYE-MACHARIA JUDGE. In the presence of; 1. Applicant in person. 2. M/s Akunja for the Respondent.
A note on accuracy. These pages are generated automatically from our AI-written case briefs and have not been checked by a lawyer. Case titles and citations come from Kenya Law; the counts, topics, propositions and “treatment” labels are derived from the briefs and can be incomplete or wrong. Use them as a research aid and always read the original judgment before relying on anything here. This is not legal advice.