[2022] KEHC 12558 (KLR)
The court declined to revise the applicant's custodial sentence or release him on a Community Service Order because the probation officer's report did not recommend such release, citing the short period of the sentence served. The court found no sufficient grounds to interfere with the original sentence and directed...
Source-derived case information.
- Citation
- [2022] KEHC 12558 (KLR)
- Parties
- Applicant: Peter Nashon Barasa; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Busia
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E060 of 2022
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- application for revision declined
- Judges
- JN Kamau
- Legal Topics
- Stealing Offence, Sentencing Review, Community Service Order, Probation Report
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Nashon Barasa
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant should be released on a Community Service Order before serving a substantial part of his sentence.
- 2 Whether the court should revise the applicant's custodial sentence based on the probation officer's report.
Ratio Decidendi
The court declined to revise the applicant's custodial sentence or release him on a Community Service Order because the probation officer's report did not recommend such release, citing the short period of the sentence served. The court found no sufficient grounds to interfere with the original sentence and directed that the applicant continue serving his sentence in custody until a future application may be considered.
Court Disposition
application for revision declined
Orders
- The application for review is declined.
- The applicant shall continue serving his sentence in custody until such time an application is made at another time for consideration.
Full Case Text
Judgment text and source record
17 paragraphs
Barasa v Republic (Criminal Revision E060 of 2022) [2022] KEHC 12558 (KLR) (1 August 2022) (Ruling)
Neutral citation: [2022] KEHC 12558 (KLR)
Republic of Kenya
In the High Court at Busia
Criminal Revision E060 of 2022
JN Kamau, J
August 1, 2022
(ORIGINALLY CR CASE NO E2742 OF 2021)
Between
Peter Nashon Barasa
Applicant
and
Republic
Respondent
Ruling
1. The Applicant was charged with the offence of Stealing contrary to Section 278 of the Penal Code Cap 63 (Laws of Kenya). He was arraigned in court on 19/10/2021 when he pleaded guilty to the charge and was sentenced to three (3) years imprisonment on October 26, 2021. According to Prisons, his earliest date of release is October 15, 2023. The Report by Esiromo G Oduya Probation Officer dated 27/2/2022 does not recommend his release on Community Service Order on account of the short period of the sentence served, I hereby decline the application for review and direct that he continues serving his sentence in custody until such time an application is made at another time for consideration. Orders accordingly.
DATED AND DELIVERED AT BUSIA ON THIS 1ST DAY OF AUGUST 2022. J. KAMAUJUDGE