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Kariuki v Republic (Criminal Revision E188 of 2022) [2023] KEHC 1467 (KLR) (28 February 2023) (Ruling)
Neutral citation:
[2023] KEHC 1467 (KLR)
Republic of Kenya
Criminal Revision E188 of 2022
GL Nzioka, J
February 28, 2023
Between
Patrick Kariuki alias Hoofman
Applicant
and
Republic
Respondent
Ruling
1.I note that, the Probation officer’s report is on record, I have gone through the same and I find that it is positive. It is however clear that, the sentence imposed is legal, although on count 2, the 3 years is rather harsh. I therefore revise it as follows;-a.The period of 12 months to remain but take into account the period the applicant was in custody from August 12, 2021. In that case, the sentence on count 1 is served.b.The fine on count 2, is retained save the default period is reduced to two years. Again that will take into account the period the applicant was in custody from August 12, 2021 to August 2, 2022 when he was sentenced. Therefore one year of the two years will not attract remission. However, the last one year shall attract remission (if any) in which case, the applicant will serve 8 months which should end April 2, 2023. As regards, the last count I believe the six (6) months is already served. The applicant’s committal records shall read accordingly and amended to enable his release on April 2, 2023.c.It is so ordered
DATED, DELIVERED AND SIGNED THIS 28TH FEBRUARY, 2023GRACE L. NZIOKAJUDGE In the presence of:-Applicant present virtuallyMr. Atika for the stateMs Ogutu-Court Assistant
