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Kamau v Republic (Criminal Revision E304 of 2023) [2023] KEHC 21290 (KLR) (Crim) (10 August 2023) (Ruling)
Neutral citation:
[2023] KEHC 21290 (KLR)
Republic of Kenya
Criminal Revision E304 of 2023
LN Mutende, J
August 10, 2023
Between
James Mungai Kamau
Applicant
and
Republic
Respondent
Ruling
1.James Mungai Kamau, the applicant, was arrested on April 20, 2022 and arraigned for the offence of stealing contrary to section 268(2) (a) as read with section 278A of the Penal Code. Particulars of the offence were that on the 19th day of April, 2022 he stole a motorcycle registration number KMFY594Q make Boxer white in colour valued at Kenya Shillings One Hundred and Fourty one Thousand, Seven Hundred and Ninety-One (Ksh 141,791), the property of Kombo Nzoya Nzaphila.
2.At the outset the applicant denied having committed the offence. But subsequently, he opted to enter into a plea bargain with the State, in the result he pleaded guilty to the charge whereby the court opted to impose a lenient sentence of one (1) year imprisonment instead of the penalty of up to seven (7) years imprisonment.
3.It is now submitted by the appellant that the court failed to comply with the law as provided by section 333(2) of the Criminal Procedure Code (CPC) which provide thus;
4.During pendency of trial, the applicant was in remand custody as he could not post bail. According to the Judiciary Sentencing Policy Guidelines:
5.In meting out sentence the trial court appreciated that the applicant was quite young and a first offender who had been in custody for about one year. Based on that, it formed the opinion to sentence him to one-year imprisonment. The court however, failed to strictly comply with section 333(2) of the CPC. In the premises, the applicant has already served the one (1) year imprisonment.
6.Consequently, I find the application having merit, the applicant shall be released forthwith unless otherwise lawfully held.
7.It is so ordered.
DATED, SIGNED AND DELIVERED VIRTUALLY AT NAIROBI, THIS 10TH DAY OF AUGUST, 2023.L. N. MUTENDEJUDGE IN THE PRESENCE OF:Mr, Kiragu for DPPC/A Mutai
