(This file comes up for Revision of the sentence meted out by HON. M. E. ANALO on 16 th January, 2024 in Murang’a Criminal Case 482 of 2023)
The Court notes that in that file, five persons were charged and 4 of them were convicted. These were Accused No. 1 – 4.
Before the sentence, the court called for pre-sentence reports and 3 out of the 4 reports were positive.
The Trial Court nevertheless sentenced the four accused persons to a uniform sentence of 2 years in prison.
There is only one Revision file which is in respect to the 1 st accused person.
There is no indication as to why this one was plucked out of the four, especially in light of his other two co-accused who had positive reports yet
they were left out.
It does not augur well from the justice seat where there appears to be some favourism and no explanation at all.
Under the circumstances, even though the sentence review report is positive, the court cannot and will not revise the sentence as at this stage.
The Court would like an explanation or at least that review files be opened in respect to the accused persons who were sentenced at the same time, over the same offence as the accused person, so that there is no actual or perceived bias.
For now, the revision is denied.
The Applicant to continue serving the sentence.
The Revision file is closed.
The lower court file be returned to the station.
W. K. MICHENI
JUDGE
05.06.2024
Delivered in the presence of;
Court Assistant - Gladys
The Accused (Virtually in Murang'a)
Mr Waweru (for the ODPP)