[2022] KEHC 10836 (KLR)
The court found that the applicant had only served a short period of his three-year custodial sentence for the offence of stealing and that the probation officer's recommendation for a non-custodial sentence did not, in itself, constitute sufficient grounds for revision. The court emphasized that the applicant was...
Source-derived case information.
- Citation
- [2022] KEHC 10836 (KLR)
- Parties
- Applicant: Moses Etyang; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Busia
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E052 of 2022
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- application for revision declined
- Judges
- JN Kamau
- Legal Topics
- Sentencing Review, Probation Recommendation, Custodial Sentence, Stealing Offence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Moses Etyang
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant's custodial sentence should be reviewed in light of the probation officer's recommendation for a non-custodial sentence.
- 2 Whether the period already served by the applicant justifies a revision of sentence.
Ratio Decidendi
The court found that the applicant had only served a short period of his three-year custodial sentence for the offence of stealing and that the probation officer's recommendation for a non-custodial sentence did not, in itself, constitute sufficient grounds for revision. The court emphasized that the applicant was convicted on his own plea of guilty and that there was no miscarriage of justice or exceptional circumstance warranting interference with the sentence at this stage. The application for revision was therefore declined, and the applicant was directed to continue serving his sentence in custody, with liberty to make a fresh application at an appropriate time.
Court Disposition
application for revision declined
Orders
- The application for revision of sentence is declined.
- The applicant shall continue serving his sentence in custody.
Full Case Text
Judgment text and source record
16 paragraphs
Etyang v Republic (Criminal Revision E052 of 2022) [2022] KEHC 10836 (KLR) (2 August 2022) (Ruling)
Neutral citation: [2022] KEHC 10836 (KLR)
Republic of Kenya
In the High Court at Busia
Criminal Revision E052 of 2022
JN Kamau, J
August 2, 2022
Between
Moses Etyang
Applicant
and
Republic
Respondent
Ruling
1. The Applicant was charged with the offence of Stealing contrary to Section 279 (b) of the Penal CodeCap 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 5/1/2022 and arraigned in court on 6/1/2022 when he pleaded guilty to the charges and was convicted and sentenced to three (3) years imprisonment. His early release date by the Prison is 6/1/2014. He has only spent seven (7) months in prison. The Report by Bernard O. Musitia Probation/Community Service Officer dated 25/7/2022 has recommended a non-custodial sentence on Probation. The Applicant has only served a short period of his sentence. I therefore decline to review his sentence and direct that he 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