[2022] KEHC 12583 (KLR)
The court declined to review the applicant's four-year custodial sentence for burglary and stealing, despite a probation officer's recommendation for a non-custodial sentence. The court reasoned that the applicant had only served a short period of his sentence (one year, four months, and thirty days) and that this...
Source-derived case information.
- Citation
- [2022] KEHC 12583 (KLR)
- Parties
- Applicant: Joseph Okiring Onyapu; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Busia
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E045 of 2022
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- application for sentence revision declined
- Judges
- JN Kamau
- Legal Topics
- Sentencing Review, Burglary, Handling Stolen Property, Probation Recommendation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Okiring Onyapu
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant's sentence should be reviewed and substituted with a non-custodial sentence on probation.
- 2 Whether the period already served by the applicant justifies early release.
Ratio Decidendi
The court declined to review the applicant's four-year custodial sentence for burglary and stealing, despite a probation officer's recommendation for a non-custodial sentence. The court reasoned that the applicant had only served a short period of his sentence (one year, four months, and thirty days) and that this did not justify early release. The court emphasized its discretion in sentence revision and held that the applicant could file a fresh application at a later, more appropriate time.
Court Disposition
application for sentence revision declined
Orders
- The application for sentence revision is declined.
- The applicant shall continue to serve his sentence in custody.
Full Case Text
Judgment text and source record
16 paragraphs
Onyapu v Republic (Criminal Revision E045 of 2022) [2022] KEHC 12583 (KLR) (2 August 2022) (Ruling)
Neutral citation: [2022] KEHC 12583 (KLR)
Republic of Kenya
In the High Court at Busia
Criminal Revision E045 of 2022
JN Kamau, J
August 2, 2022
Between
Joseph Okiring Onyapu
Applicant
and
Republic
Respondent
Ruling
1. The Applicant was charged with the offence of burglary contrary to Section 304 (2) and stealing contrary to Section 279 (b) of the Penal Code Cap 63 (Laws of Kenya). He was also charged with an alternative charge of handling stolen property contrary to Section 322 (2) of the Penal Code. He was arrested on 6/3/2021 and arraigned in Court on 8/3/2022 when he pleaded guilty to the charge. He was convicted and sentenced to four (4) years imprisonment on 8/3/2021. He has so far spent one (1) year four (4) months and thirty (30) days in prison. His early release date as per Prisons is 8/11/2023. The Report by Benard O. Musitia Probation/Community Service Officer that was filed on 29/7/2022 recommends the release of the Applicant on a non-custodial sentence on probation. It was the view of this Court that the Applicant had only served a short period of his sentence of four (4) years. I therefore decline to review the sentence and direct that he continues to serve his sentence in custody. He is at liberty to file a fresh application at the appropriate time for consideration. Orders accordingly.
DATED AND DELIVERED AT BUSIA ON THIS 2ND DAY OFAUGUST2022. J. KAMAUJUDGE