Republic v Njeri (Criminal Case E021 of 2025) [2025] KEMC 331 (KLR) (28 October 2025) (Sentence)

REPUBLIC OF KENYA IN THE NAKURU LAW COURTS CRIMINAL CASE NO. E021 OF 2025 REPUBLIC ........................................................................... .... PROSECUTION VERSUS KEVIN MWANGI NJERI .................................................................. ACCUSE D RULING ON SENTENCE 1. The accused person herein, Kevin Mwangi Njeri, was charged with four counts namely: Count I: Malicious Damage to Property contrary to Section 339(1) of the Penal Code (Cap 63 Laws of Kenya); Count II: Assaulting a Police Officer while in due execution of duty contrary to Section 103(a) of the National Police Service Act, No. 11A of 2011; republicofkenyainthenakurulawcourtscriminalcaseno.e021of2025republicprosecutionversuskevinmwan ginjeriaccusedrulingonsentence Count III: Obstructing a Police Officer while in due execution of duty contrary to Section 103(c) of the National Police Service Act; and Count IV: Resisting Arrest contrary to Section 103(a) of the National Police Service Act. 2. The accused pleaded guilty to all the counts and was accordingly convicted on his own plea. The prosecution confirmed that he is a first-time offender. In mitigation, the accused sought forgiveness and expressed remorse. He further informed the court that he has been in remand since 3rd January 2025, a period of approximately nine (9) months and two (2) weeks. This court is thus obligated to take into account the period spent in custody in computing sentence. 3. I have considered the circumstances of the offence, the mitigation tendered, the Sentencing Policy Guidelines (2016), and the principle of proportionality. The offences arose from the same transaction. I have further considered that the damaged motor vehicle mirror was valued at approximately Kshs 8,000, and non-custodial sentence option is thus appropriate. Page 2 of 4 republicofkenyainthenakurulawcourtscriminalcaseno.e021of2025republicprosecutionversuskevinmwan ginjeriaccusedrulingonsentence 4. I thus do hereby sentence the accused person herein as follows: - COUNT I – MALICIOUS DAMAGE TO PROPERTY Contrary to Section 339(1) of the Penal Code: Fine of Kshs 10,000, in default two (2) months imprisonment. COUNT II – ASSAULTING A POLICE OFFICER IN DUE EXECUTION OF DUTY Contrary to Section 103(a) of the National Police Service Act: Fine of Kshs 25,000, in default three (3) months imprisonment. COUNT III – OBSTRUCTING A POLICE OFFICER IN DUE EXECUTION OF DUTY Contrary to Section 103(c) of the National Police Service Act: Fine of Kshs 10,000, in default two (2) months imprisonment. COUNT IV – RESISTING ARREST Contrary to Section 103(a) of the National Police Service Act: Fine of Kshs 20,000, in default two (2) months imprisonment. Page 3 of 4 republicofkenyainthenakurulawcourtscriminalcaseno.e021of2025republicprosecutionversuskevinmwan ginjeriaccusedrulingonsentence All sentences shall run consecutively because of the fine option and Right of Appeal within 14 days explained. DATED, SIGNED AND DELIVERED AT NAKURU IN OPEN COURT THIS 28th DAY OF OCTOBER, 2025. ALOYCE PETER NDEGE SENIOR PRINCIPAL MAGISTRATE In the presence of; Janet, court interpreter Macharia present for the Prosecution Accused Person. Page 4 of 4