[2024] KEHC 15087 (KLR)
The court declined to revise the applicant's sentence on the basis that he is not a first-time offender and that neither his family nor the wider society is prepared to receive him if released. The court found no sufficient grounds to interfere with the sentence imposed by the trial court, emphasizing that the...
Source-derived case information.
- Citation
- [2024] KEHC 15087 (KLR)
- Parties
- Applicant: Shuki Likwayi; Respondent: Director of Public Prosecution
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E348 of 2024
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- application for revision declined
- Judges
- S Mbungi
- Legal Topics
- Sentencing, Repeat Offender, Stealing Offence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Shuki Likwayi
Applicant
Director of Public Prosecution
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant is entitled to revision of his sentence for the offence of stealing.
- 2 Whether the applicant's status as a repeat offender and lack of family or societal support affects eligibility for sentence revision.
Ratio Decidendi
The court declined to revise the applicant's sentence on the basis that he is not a first-time offender and that neither his family nor the wider society is prepared to receive him if released. The court found no sufficient grounds to interfere with the sentence imposed by the trial court, emphasizing that the applicant's repeat offending and lack of social support militated against early release or sentence revision. Accordingly, the applicant is to serve the sentence to completion.
Court Disposition
application for revision declined
Orders
- The application for revision is declined.
- The applicant shall continue to serve the sentence up to completion.
Full Case Text
Judgment text and source record
17 paragraphs
Likwayi v Director of Public Prosecution (Criminal Revision E348 of 2024) [2024] KEHC 15087 (KLR) (26 November 2024) (Ruling)
Neutral citation: [2024] KEHC 15087 (KLR)
Republic of Kenya
In the High Court at Kakamega
Criminal Revision E348 of 2024
S Mbungi, J
November 26, 2024
Between
Shuki Likwayi
Applicant
and
Director of Public Prosecution
Respondent
Ruling
1. The applicant herein was sentenced to serve two years for the offence of stealing contrary to section 268 as read with section 275 of the penal code.
2. From the record, the offender is not a first time offender. The society including his close family members are not ready to receive him so even if the court releases him he shall face rejection. I therefore decline this application for revision. He shall continue to serve the sentence up to completion.
DATED, SIGNED AND DELIVERED IN OPEN COURT AT KAKAMEGA THIS 26TH DAY OF NOVEMBER, 2024. S.N MBUNGIJUDGEIn the presence of :Accused – presentCourt Prosecutor – MbonzoCourt Assistant – Elizabeth Angong’a