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Judgment[2024] KEHC 164272 min read

Aden v Republic

High Court at Eldoret ·

Aden v Republic (Criminal Revision E409 of 2024) [2024] KEHC 16427 (KLR) (23 December 2024) (Ruling) Neutral citation: [2024] KEHC 16427 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT AT ELDORET

CRIMINAL REVISION E409 OF 2024

RN NYAKUNDI, J

DECEMBER 23, 2024

BETWEEN

ISSA ADEN ................................................................................................ APPLICANT

AND

REPUBLIC ............................................................................................ RESPONDENT

RULING

1.

The applicant was charged with the oence of stealing contrary to section 268 (1) as read with section 275 of the Penal Code. The particulars of the oence are that on 1th June, 2024, at Members area in Turbo Sub-County within Uasin Gishu County, the applicant entered Mashallah re extinguisher shop and stole one mobile phone make Tecno Pova Neon valued at Kshs 17,000/= the property of Diana Mukhwana. 2.

The applicant pleaded guilty to the oence and as a consequence he was sentenced to a ne of Kshs 10,000/= in default serve 6 months in prison. 3.

The applicant has approached this court pursuant to sections 357, 362, 364 & 382 of the Criminal Procedure Code as construed with Article 50(2) (p) & (q) as conjunctively read with Article 50(6)(a) & (b) of the Constitution. 4.

The applicant seeks a sentence review. In determining whether to impose a custodial or non-custodial sentence, the court is required to take into account the following factors: - a) Gravity of the oence: - sentence of imprisonment should be avoided for misdemeanour. b) Criminal history of the oender. Taking into account the seriousness of the oences, rst oenders should be considered for non-custodial sentence. c) Character of the oender: - non-custodial sentence are best suited for oenders who are already remorseful and receptive to rehabilitative measures.

d) Protection of the community: - where the oender is likely to pose a threat to the community. e) Oender’s responsibility to third parties: - where there are people depending on the oender. 5.

I have considered the oence in question and the aggravating factors. The sentencing objectives in Kenya have been captured in the Sentencing guidelines 2023 to be the following: - i.

Retribution: to punish the oender for his/her criminal conduct in a just manner. ii.

Deterrence: to deter the oender from committing a similar oence subsequently as well as to discourage other people from committing similar oences. iii.

Rehabilitation: to enable the oender reform from his/her criminal disposition and become a law-abiding person. iv.

Restorative justice: to address the needs arising from the criminal conduct such as loss and damages. v.

Community protection: to protect the community by incapacitating the oender. vi.

Denunciation: to communicate the community’s condemnation of the criminal conduct. vii.

Reconciliation: To mend the relationship between the oender, the victim and the community. viii.

Reintegration: To facilitate the re-entry of the oender into the society. 6.

Upon thorough examination of the totality of circumstances and the core principles of sentencing, I am convinced that the period already served in custody adequately meets the punitive and deterrent objectives in this matter. The applicant's period of incarceration has suciently addressed the gravity of this oense. 7.

I therefore revise the sentence to the period already served in custody, which I deem complete and sucient. The applicant, having served this period, is hereby discharged. This concludes all obligations related to this matter, and the applicant is free to go with no further conditions or supervision requirements.

SIGNED, DATE AND DELIVERED AT ELDORET THIS 23RD DAY OF DECEMBER 2024. …………………………………….

R. NYAKUNDI

JUDGE

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