[2022] KEHC 10964 (KLR)
The court declined to revise the applicant's custodial sentence to a non-custodial sentence because the applicant had only served one year of a three-year sentence. The court agreed with the Probation/Community Service Officer's assessment that a non-custodial sentence was not tenable at this stage. The applicant...
Source-derived case information.
- Citation
- [2022] KEHC 10964 (KLR)
- Parties
- Applicant: Godwin Adiye alias Edu; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Busia
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E038 of 2022
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- application dismissed
- Judges
- JN Kamau
- Legal Topics
- Burglary, Stealing, Handling Stolen Goods, Sentencing, Non Custodial Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Godwin Adiye alias Edu
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant is eligible for a revision of his custodial sentence to a non-custodial sentence.
- 2 Whether the time already served by the applicant justifies a change in the nature of his sentence.
Ratio Decidendi
The court declined to revise the applicant's custodial sentence to a non-custodial sentence because the applicant had only served one year of a three-year sentence. The court agreed with the Probation/Community Service Officer's assessment that a non-custodial sentence was not tenable at this stage. The applicant was advised that he may file a fresh application at an appropriate time for further consideration.
Court Disposition
application dismissed
Orders
- The application for revision of sentence is declined.
- The applicant shall continue to serve his sentence in custody.
Full Case Text
Judgment text and source record
17 paragraphs
Adiye v Republic (Criminal Revision E038 of 2022) [2022] KEHC 10964 (KLR) (1 August 2022) (Ruling)
Neutral citation: [2022] KEHC 10964 (KLR)
Republic of Kenya
In the High Court at Busia
Criminal Revision E038 of 2022
JN Kamau, J
August 1, 2022
ORIGINALLY CR CASE NO E1957 OF 2021
Between
Godwin Adiye alias Edu
Applicant
and
Republic
Respondent
Ruling
1. The Applicant was charged with burglary and stealing contrary to Section 304 (2) of the Penal Code Cap 63 (Laws of Kenya). He was also charged with an alternative charge of handling stolen goods contrary to Section 322 (1) (2) of the Penal Code. He was arrested on 18/6/2021 and on 23/6/2021, he admitted the facts of the case. He was sentenced to three (3) years imprisonment on 28/7/2021. His earliest date of release as per the Prisons is 28/7/2022. According to the Report of Benard O. Musitia, Probation/Community Service Officer filed on 29/7/2022, the recommendation was that a non-custodial sentence was not tenable as he had only served one (1) out of three (3) years imprisonment, a position this Court agree with. Accordingly, I hereby decline to renew the sentence and direct that the Applicant continues to serve his sentence in custody. He is at liberty to file a fresh application at the appropriate time for consideration by the Court. Orders accordingly.
DATED AND DELIVERED AT BUSIA ON THIS 1ST DAY OF AUGUST 2022. J. KAMAUJUDGE