[2022] KEHC 11542 (KLR)
The court declined to alter or renew the applicant's sentence, finding that the probation officer did not recommend release on community service order due to the applicant's status as a foreigner. The court directed that the applicant complete his sentence in custody. However, in compliance with Section 333(2) of...
Source-derived case information.
- Citation
- [2022] KEHC 11542 (KLR)
- Parties
- Applicant: Rodgers Mwezigi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Busia
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E067 of 2022
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Application for revision declined; applicant to complete sentence in custody; pre-sentence custody period to be considered in sentence computation.
- Judges
- JN Kamau
- Legal Topics
- Stealing Offence, Sentencing Principles, Foreign Nationals, Community Service Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Rodgers Mwezigi
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant is eligible for release on community service order despite being a foreigner.
- 2 Whether the period spent in custody prior to sentencing should be considered in computing the applicant's sentence.
Ratio Decidendi
The court declined to alter or renew the applicant's sentence, finding that the probation officer did not recommend release on community service order due to the applicant's status as a foreigner. The court directed that the applicant complete his sentence in custody. However, in compliance with Section 333(2) of the Criminal Procedure Code, the court ordered that the period the applicant spent in custody prior to sentencing (from 13/1/2022 to 8/2/2022) be taken into account in computing his sentence.
Court Disposition
Application for revision declined; applicant to complete sentence in custody; pre-sentence custody period to be considered in sentence computation.
Orders
- The application for revision is declined.
- The applicant shall complete his sentence in custody.
Full Case Text
Judgment text and source record
17 paragraphs
Mwezigi v Republic (Criminal Revision E067 of 2022) [2022] KEHC 11542 (KLR) (1 August 2022) (Ruling)
Neutral citation: [2022] KEHC 11542 (KLR)
Republic of Kenya
In the High Court at Busia
Criminal Revision E067 of 2022
JN Kamau, J
August 1, 2022
(ORIGINALLY CR CASE NO E060 OF 2022)
Between
Rodgers Mwezigi
Applicant
and
Republic
Respondent
Ruling
1. The Applicant was charged with the offence of stealing contrary to Section 268 (1) as read with Section 275 of the Penal Code Cap 63 (Laws of Kenya). He was arrested on 13/1/2022 when he admitted the offence. He was sentenced on 8/2/2022 and directed to serve one (1) year imprisonment. The earliest Release date of the Prisons is 9/10/2022. The Report by Celestine Orao Probation Officer that was dated 25/7/2022 does not recommend his release on community service order as he is a foreigner. Accordingly, I hereby decline to renew his sentence and direct that he completes his sentence in custody. In line with Section 333 (2) of the Criminal Procedure Code Cap 75 (Laws of Kenya), the period between 13/1/2022 and 8/2/2022 to be taken into account while computing his sentence. Orders accordingly.
DATED AND DELIVERED AT BUSIA ON THIS 1ST DAY OF AUGUST 2022. J. KAMAUJUDGE