[2022] KEHC 10945 (KLR)
The court declined to review the applicant's custodial sentence because the probation report did not recommend a non-custodial sentence and the applicant was found to be a habitual offender. The trial magistrate had already considered these factors at sentencing. The court found no sufficient reason to interfere...
Source-derived case information.
- Citation
- [2022] KEHC 10945 (KLR)
- Parties
- Applicant: Amos Sifuna Barasa; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Busia
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E049 of 2022
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Sentence
- Outcome
- application for revision of sentence declined
- Judges
- JN Kamau
- Legal Topics
- Sentencing Principles, Habitual Offender, Non Custodial Sentence, Review of Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Amos Sifuna Barasa
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Whether the applicant is entitled to a review of his custodial sentence.
- 2 Whether the applicant qualifies for a non-custodial sentence given his status as a habitual offender.
Ratio Decidendi
The court declined to review the applicant's custodial sentence because the probation report did not recommend a non-custodial sentence and the applicant was found to be a habitual offender. The trial magistrate had already considered these factors at sentencing. The court found no sufficient reason to interfere with the sentence imposed and directed that the applicant continue serving his sentence in custody, with liberty to make a fresh application at an appropriate time.
Court Disposition
application for revision of sentence declined
Orders
- The application for review of sentence is declined.
- The applicant shall continue serving his sentence in custody.
Full Case Text
Judgment text and source record
16 paragraphs
Barasa v Republic (Criminal Revision E049 of 2022) [2022] KEHC 10945 (KLR) (2 August 2022) (Ruling)
Neutral citation: [2022] KEHC 10945 (KLR)
Republic of Kenya
In the High Court at Busia
Criminal Revision E049 of 2022
JN Kamau, J
August 2, 2022
Between
Amos Sifuna Barasa
Applicant
and
Republic
Respondent
Ruling
1. The Applicant was charged with the offence of having suspected stolen property contrary to Section 323 of the Penal Code cap 63 (Laws of Kenya). He was convicted and sentenced to serve two (2) years imprisonment to run from the date of the plea on 22/2/2022 on 3/3/2022. The Report of Munial Godwin John Probation/Community Service Officer that was filed on 29/7/2022 did not recommend his release on a non-custodial sentence as the Applicant was a habitual offender, a fact that the Learned Trial Magistrate observed at the time of sentencing him. Accordingly, I hereby decline to review the sentence and direct that the Applicant continues serving his sentence in custody. He is at liberty to make a fresh application at an appropriate time for consideration by the court. Orders accordingly.
DATED AND DELIVERED AT BUSIA ON THIS 2ND DAY OF AUGUST 2022. J. KAMAUJUDGE