1. Francis Maina, the applicant herein, pleaded guilty to the main charge of stealing contrary to section 268 as read with section 275 of the Penal Code . He was convicted and sentenced to serve four (4) years imprisonment.
2. The proceeding relating to Molo Chief Magistrate Criminal Case No. E834 of 2025, Republic Vs Francis Maina were placed before this court for perusal and examination in exercise of it supervisory power of revision under sections 362 and 364 of the Criminal Procedure Code.
3. The maximum sentence the offence the applicant was convicted for is 3 years. The trial Magistrate sentenced him to serve 4 years imprisonment. It is clear the sentence is unlawful.
4. This court is entitled to interfere with the sentence in exercise of its supervisory power of revision. The applicant pleaded guilty. He is also a first offender. The appropriate sentence for such a person is 1 year imprisonment.
5. Consequently, the sentence of 4 years imprisonment is set aside and is substituted with a sentence of 1½ years. It is apparent that the applicant has served the 1½ years in full. Therefore, the applicant namely Francis Maina is set free having served the sentence in full. He should be released forthwith unless lawfully held.
Dated, signed and delivered at Nakuru this 29 th July, 2026.
J. K. SERGON
JUDGE
In presence of :
Rutoh/Jamleck C/A
Anyumba for the Respondent
Applicant present in person
2
2. The proceeding relating to Molo Chief Magistrate Criminal Case No. E834 of 2025, Republic Vs Francis Maina were placed before this court for perusal and examination in exercise of it supervisory power of revision under sections 362 and 364 of the Criminal Procedure Code.
3. The maximum sentence the offence the applicant was convicted for is 3 years. The trial Magistrate sentenced him to serve 4 years imprisonment. It is clear the sentence is unlawful.
4. This court is entitled to interfere with the sentence in exercise of its supervisory power of revision. The applicant pleaded guilty. He is also a first offender. The appropriate sentence for such a person is 1 year imprisonment.
5. Consequently, the sentence of 4 years imprisonment is set aside and is substituted with a sentence of 1½ years. It is apparent that the applicant has served the 1½ years in full. Therefore, the applicant namely Francis Maina is set free having served the sentence in full. He should be released forthwith unless lawfully held.
Dated, signed and delivered at Nakuru this 29 th July, 2026.
J. K. SERGON
JUDGE
In presence of :
Rutoh/Jamleck C/A
Anyumba for the Respondent
Applicant present in person
2