Republic v Maina (Criminal Case E45 of 2025) [2026] KEMC 98 (KLR) (21 May 2026) (Sentence) Neutral citation: [2026] KEMC 98 (KLR) REPUBLIC OF KENYA IN THE NAKURU LAW COURTS CRIMINAL CASE E45 OF 2025 PA NDEGE, SPM MAY 21, 2026 BETWEEN REPUBLIC ........................................................................................... PROSECUTION AND JEREMIAH NJENGA MAINA .................................................................... ACCUSED SENTENCE 1. The accused person herein, Jeremiah Njenga Maina, has been convicted upon own plea of the ofience of Malicious damage to property contrary to section 339(1) as read with section 339(2) of the Penal Code. He admitted this on the diverse dates between 2/01/2025 and 6/01/2025 at Tabuga area Nakuru North Subcounty within Nakuru County, where he unlawfully and intentionally demolished a mud house property of Jeremiah Njenga Karuga, valued at KES 80,000. 2. From the inquiry report, it’s indicated that the accused has had a criminal history in the community and at some point, he spent a considerable amount of time behind bars for an ofience that could not be established with certainty. With that set forth, the accused is deemed to be a first-time ofiender as no previous record was established by the prosecution. Looking at the charges herein and the relevant provisions, Section 36 and 339(1) of the Penal Code, which provides for the following: 36 General punishment for misdemeanours When in this Code no punishment is specially provided for any misdemeanour, it shall be punishable with imprisonment for a term not exceeding two years or with a fine or with both. … 339(1) Malicious injuries to property Any person who wilfully and unlawfully destroys or damages any property is guilty of an ofience which unless otherwise stated is a misdemeanour and is liable if no other punishment is provided to imprisonment for five years. https://new.kenyalaw.org/akn/ke/judgment/kemc/2026/98/eng@2026-05-21 1
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3. Imposition of punishment is a matter for the discretion of the court as established in the case of Maurine Kathure vs Republic [2018] eKLR. Except, the court must consider the facts and circumstances of each case to impose punishment that is ‘…Propriate, adequate, just and appropriate… commensurate with the nature and gravity of the crime and the manner in which the crime is done… motive for the crime, nature of the ofience and all other attendant circumstances’. 4. Given that the accused herein is a first -time ofiender who has pleaded guilty hence saved the court’s time in receiving and evaluating the evidence in a full trial and that the ofience herein has been established to be a misdemeanour and further the accused person has been in remand custody for a period of almost 15 months, I do hereby find the period served by the accused to be suficient punishment for this kind of ofience and as a result I hereby discharge the accused in accordance with section 35(1) of the Penal Code. He should therefore be released from custody unless lawfully held otherwise. DATED, SIGNED AND DELIVERED AT NAKURU IN OPEN COURT THIS 21ST DAY OF MAY, 2026 ALOYCE PETER-NDEGE SENIOR PRINCIPAL MAGISTRATE In the presence of; Court interpreter: Wangare Prosecution Counsel: Macharia Accused: Present Victim: N/A https://new.kenyalaw.org/akn/ke/judgment/kemc/2026/98/eng@2026-05-21 2
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