[2025] KEHC 3371 (KLR)
The court found that the applicant had demonstrated genuine remorse and had been receptive to rehabilitation as evidenced by the favourable probation report. Given these circumstances, and considering the applicant's role as the sole breadwinner, the court determined that a non-custodial sentence was appropriate....
Source-derived case information.
- Citation
- [2025] KEHC 3371 (KLR)
- Parties
- Applicant: Willis Stanley Analo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 1 of 2025
- Procedural Posture
- Criminal Revision / Sentence Review Ruling
- Outcome
- sentence varied; custodial sentence set aside and substituted with community service order
- Judges
- DR Kavedza
- Legal Topics
- Sentence Review, Rehabilitation, Non Custodial Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Willis Stanley Analo
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Sentence Review Ruling
Legal Issues
- 1 Whether the applicant is eligible for a review of sentence based on rehabilitation and personal circumstances.
- 2 Whether the custodial sentence should be substituted with a non-custodial sentence.
Ratio Decidendi
The court found that the applicant had demonstrated genuine remorse and had been receptive to rehabilitation as evidenced by the favourable probation report. Given these circumstances, and considering the applicant's role as the sole breadwinner, the court determined that a non-custodial sentence was appropriate. The original sentence of a fine of Kshs. 100,000 in default to three years imprisonment was set aside and substituted with a six-month community service order at Kawangware Muslim Chief’s Camp under probation supervision.
Court Disposition
sentence varied; custodial sentence set aside and substituted with community service order
Orders
- The sentence of a fine of Kshs. 100,000 in default to three years imprisonment is set aside.
- The applicant is placed on community service for six months at Kawangware Muslim Chief’s Camp under the supervision of the Kibera Probation Officer.
Full Case Text
Judgment text and source record
19 paragraphs
Analo v Republic (Criminal Revision 1 of 2025) [2025] KEHC 3371 (KLR) (18 March 2025) (Ruling)
Neutral citation: [2025] KEHC 3371 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Revision 1 of 2025
DR Kavedza, J
March 18, 2025
Between
Willis Stanley Analo
Applicant
and
Republic
Respondent
Ruling
1. The applicant was jointly charged with others not before this court and convicted for the offence of breaking into a building and committing a felony contrary to section 306(a) of the Penal Code. He was sentenced to pay a fine of Kshs. 100,000 in default to serve three years imprisonment.
2. Being aggrieved, he filed the present application dated 7th January 2025 seeking sentence review. The grounds raised in support of the application are that since his incarceration he has been rehabilitated. He is the sole breadwinner in his family. He prayed for leniency.
3. A probation report was filed with respect to the applicant. According to the said report, the applicant has been receptive to rehabilitation while in prison and is remorseful for committing the offence. The findings in the probation report are favourable and I accordingly find that he is eligible for a non-custodial sentence.
4. I therefore set aside the sentence imposed of a fine of Kshs. 100,000/= in default to serve three years imprisonment, and order that the applicant be placed on community service for a period of six (6) months at Kawangware Muslim Chief’s Camp under the supervision of the Kibera Probation Officer.
RULING DATED AND DELIVERED VIRTUALLY THIS 18THDAY OF MARCH 2025D. KAVEDZAJUDGE