[2022] KEHC 11201 (KLR)
The court found that the applicant had only served ten months and one day of his custodial sentence, which was insufficient to justify a review or conversion of the sentence to community service as recommended by the probation officer. The court was not persuaded that the circumstances warranted interference with...
Source-derived case information.
- Citation
- [2022] KEHC 11201 (KLR)
- Parties
- Applicant: Godfrey Makokha; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Busia
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E040 of 2022
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- application for revision rejected
- Judges
- JN Kamau
- Legal Topics
- Malicious Damage to Property, Creating Disturbance, Assault on Police Officer, Sentencing Review
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Godfrey Makokha
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant is entitled to a review of his sentence after serving ten months and one day in prison.
- 2 Whether the recommendation for community service should be adopted at this stage.
Ratio Decidendi
The court found that the applicant had only served ten months and one day of his custodial sentence, which was insufficient to justify a review or conversion of the sentence to community service as recommended by the probation officer. The court was not persuaded that the circumstances warranted interference with the original sentence at this stage. The application for revision was therefore rejected, but the applicant was granted liberty to file a fresh application at an appropriate time.
Court Disposition
application for revision rejected
Orders
- The application for review of sentence is rejected.
- The applicant is at liberty to file a fresh application at the appropriate time.
Full Case Text
Judgment text and source record
18 paragraphs
Makokha v Republic (Criminal Revision E040 of 2022) [2022] KEHC 11201 (KLR) (1 August 2022) (Ruling)
Neutral citation: [2022] KEHC 11201 (KLR)
Republic of Kenya
In the High Court at Busia
Criminal Revision E040 of 2022
JN Kamau, J
August 1, 2022
(ORIGINALLY CR CASE NO E2689 OF 2021)
Between
Godfrey Makokha
Applicant
and
Republic
Respondent
Ruling
1. The Applicant was charged with three (3) counts of malicious damage to property contrary to Section 339(1) of the Penal Code Cap 63 (Laws of Kenya).
2. Creating a disturbance contrary to Section 95 (1) (b) of the Penal Code and Assaulting a police officer contrary to Section 103 (a) as the National Police Service Act, 2011. He pleaded guilty having been arraigned in court on 8/10/2021. He was sentenced to 3 months, and 3 years on the three (3) counts respectively. The sentences were to run consequently. The earliest date of release according to the Prisons is 7/1/2020. The Report by Abdirashid Osman Probation/Community Service Officer filed on 29/7/2022 – recommended that the Applicant serves the remainder of his sentence at Madende Primary School. Having noted that the Applicant has only spent ten (10) months one (1) day in prison, I am not persuaded that I should allow the review of the sentence. The same be and is hereby rejected. The Applicant is at liberty to file a fresh application at the appropriate time. Orders accordingly.
DATED AND DELIVERED AT BUSIA ON THIS 1ST DAY OF AUGUST 2022. J. KAMAUJUDGE