Case ID:160821

Peris Nyambura Waitu v Republic [2020] eKLR

Case Metadata

Case Number:

Criminal Revision 97 of 2020

Parties:

Peris Nyambura Waitu v Republic

Date Delivered:

25 Jun 2020

Case Class:

Criminal

Court:

High Court at Nanyuki

Case Action:

Order

Judge(s):

Hatari Peter George Waweru

Citation:

Peris Nyambura Waitu v Republic [2020] eKLR

Case History:

Revision of the Original conviction and Sentence in Nanyuki Criminal Case No.287of 2020 – NJERI THUKU - PM

Court Division:

Criminal

County:

Laikipia

History Docket No:

Criminal Case No.287of 2020

History Magistrate:

NJERI THUKU - PM

History County:

Laikipia

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT NANYUKI

CRIMINAL REVISION NO.97 OF 2020

PERIS NYAMBURA WAITU..............................APPLICANT

VERSUS

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

(Revision of the Original conviction and Sentence in Nanyuki Criminal Case No.287of 2020 – NJERI THUKU - PM)

25.06.2020

Before Justice H P G Waweru

In Chambers

ORDER ON REVISION

1.

Upon application herein by the convict,

PERIS NYAMBURA WAITU

, I have called for and examined the record of the trial court with regard to the sentence.

2.

The convict was convicted after trial of

obtaining money by false pretences

contrary to

Section 313

of the Penal Code. On 30/04/2020 she was sentenced to serve 2½ years imprisonment. Her co-accused,

DANIEL MWANGI KARANJA,

was similarly convicted and sentenced. Another co-accused,

WINNY WANJIKU KINYA

(alias MARGARET WANJIRU KANINI) absconded the trial and is still at large, with warrant out for her arrest.

3.

In mitigation the convict herein, through counsel, pointed out that she had been in custody for two (2) years during the trial. She was also a first offender who had children who solely depended on her.

4.

Although the trial court stated that it had considered the convict’s mitigation, it did not specifically and particularly take into account, as it should have done, the period the convict had spent in custody during her trial, as required by the

proviso

to Section 333 of the Criminal Procedure Code, Cap 75.

5. In the circumstances, I shall alter the sentence of 2 ½ years imprisonment imposed upon the convict by taking into account the two (2) years she had spent in custody during her trial.

6. The sentence of 2 ½ years imprisonment is therefore set aside and in its place a sentence of six (6) months imprisonment with effect from 30/04/2020 substituted. It is so ordered.

Dated at Nanyuki this 25

th

day of June 2020.

H.P.G. WAWERU

JUDGE

.

DEPUTY REGISTRAR

NANYUKI HIGH COURT