[2023] KEHC 19587 (KLR)
The court found that the period already served by the applicant was relatively short and that the applicant was not ready for reconciliation, as indicated by the probation officer's report. There was no sufficient basis to interfere with the custodial sentence imposed by the trial court. The application for a...
Source-derived case information.
- Citation
- [2023] KEHC 19587 (KLR)
- Parties
- Applicant: Geoffrey Mayieka Mayieka; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nyamira
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E045 of 2023
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Application for revision declined. Applicant to serve remainder of custodial sentence.
- Judges
- WA Okwany
- Legal Topics
- Sentencing, False Pretences, Probation Reports
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Geoffrey Mayieka Mayieka
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant should be granted a non-custodial sentence after serving part of his custodial sentence for obtaining money by false pretences.
Ratio Decidendi
The court found that the period already served by the applicant was relatively short and that the applicant was not ready for reconciliation, as indicated by the probation officer's report. There was no sufficient basis to interfere with the custodial sentence imposed by the trial court. The application for a non-custodial sentence was therefore declined, and the applicant was directed to serve the remainder of his sentence in custody.
Court Disposition
Application for revision declined. Applicant to serve remainder of custodial sentence.
Orders
- The applicant shall continue to serve the remaining part of his sentence in custody.
Full Case Text
Judgment text and source record
16 paragraphs
Mayieka v Republic (Criminal Revision E045 of 2023) [2023] KEHC 19587 (KLR) (29 June 2023) (Ruling)
Neutral citation: [2023] KEHC 19587 (KLR)
Republic of Kenya
In the High Court at Nyamira
Criminal Revision E045 of 2023
WA Okwany, J
June 29, 2023
Between
Geoffrey Mayieka Mayieka
Applicant
and
Republic
Respondent
Ruling
1. The Applicant was convicted of the offence of obtaining money by false pretences contrary to section 313 of the Penal Code. The trial court sentenced him to pay a fine of Kshs 745,000/= of in default, to serve 2 years imprisonment. The Applicant has since served 3 months imprisonment. The Report by Peter Mogusu Ayienda the Probation Officer filed on June 14, 2023 does not recommend a non-custodial sentence as the period served in custody is considered relatively short and the Applicant is not ready for reconciliation. I hereby direct that the Applicant continues to serve the remaining part of his sentence in custody.Orders accordingly.
DATED AND DELIVERED AT NYAMIRA ON THIS 29TH DAY OF JUNE 2023. W.A. OKWANYJUDGE