Joseph Njuguna Kiriko v Republic

Kiriko v Republic (Criminal Revision 148 of 2024) [2024] KEHC 12707 (KLR) (22 October 2024) (Ruling) Neutral citation: [2024] KEHC 12707 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KIBERA CRIMINAL REVISION 148 OF 2024 DR KAVEDZA, J OCTOBER 22, 2024 BETWEEN JOSEPH NJUGUNA KIRIKO ................................................................. APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. The applicant was charged and pleaded guilty for the offence of being in possession of stealing contrary to section 268(1) of the Penal Code. He was sentenced serve three (3) years imprisonment. He filed an application seeking sentence review. 2. The averments made in support of the application are that the he is the sole bread winner of a wife and two children who are currently attending school. His wife cannot support the children because she is currently unemployed. He is a first offender. He is remorseful for the offence committed. He urged the court to grant a non-custodial sentence. 3. This court called for the probation report which has been considered. I have perused the record of the trial court and nowhere did the learned magistrate give recognition of the fact that the applicant had pleaded guilty to the charge therefore saving court’s time. The learned trial magistrate did not also recognize that the applicant was a first offender. The court gave more weight to the seriousness of the charge and the need to pass a deterrent sentence. In so doing I find that the learned trial magistrate overlooked material factors which dictated a less severe sentence than the one imposed. 4. In those circumstances I find that the sentence of three years imprisonment was excessive and manifestly harsh having considered the applicant pleaded guilty, was a first offender. 5. I allow the application for sentence review and set aside the sentence of three (3) years imprisonment and substitute it was a fine of Ksh. 50,000 in default to serve 12 months imprisonment. https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/12707/eng@2024-10-22 1

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