Republic v Vitalis (Criminal Case E508 of 2025) [2026] KEMC 428 (KLR)

REPUBLIC OF KENYA IN THE SENIOR PRINCIPAL MAGISTRATE’S COURT OF KENYA AT MALABA CRIMINAL CASE NO. E508 OF 2025 REPUBLIC……………………………………………………………..……….. …..PROSECUTOR VERSUS OMOKOL PERSON VITALIS………………….……………………….……………. ACCUSED RULING ON SENTENCE. The accused was convicted of the offence of having suspected stolen property pursuant to the judgment delivered on 9th July 2026. The Court has considered his mitigation, the pre-sentence report, and all the circumstances of the case. In mitigation, the accused prays that the Court considers the period he has spent in custody. The Court has taken that plea into account. The pre-sentence report indicates that the accused is a repeat offender and previously benefited from a probation sentence in 2019. The report concludes that the earlier non-custodial intervention did not achieve its intended rehabilitative purpose, as the accused has reoffended. Consequently, the report does not recommend another non-custodial sentence. The Court has, however, also considered the favourable aspects of the report. The accused expressed remorse for his actions and indicated that he has reflected on his conduct while in custody. His father also addressed the probation officer, expressing disappointment with the accused's repeated offending but nevertheless urging the Court to impose a sentence that would reinforce his rehabilitation. The Court is mindful that sentencing serves several objectives, including punishment, deterrence, rehabilitation, accountability, and the protection of the public. While the accused's remorse is a mitigating factor, his previous conviction and unsuccessful experience on probation demonstrate that a further non-custodial sentence is not appropriate in the circumstances. Having weighed the mitigating and aggravating factors, the Court is satisfied that a custodial sentence is warranted. At the same time, the Court considers that the sentence should provide the accused with an opportunity to reform and reintegrate into society upon completion. Accordingly, the accused is sentenced to two (2) years' imprisonment. Ruling Criminal Case No. E508 of 2025 Hon. A.Z Ogange-R.M pg. 1

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