[2022] KEHC 12560 (KLR)
The court declined the application for sentence review on the grounds that the applicant, being a foreigner with no available background information, was not recommended for release by the Probation/Community Service Officer. Furthermore, the applicant had not served a substantial part of his sentence. The court...
Source-derived case information.
- Citation
- [2022] KEHC 12560 (KLR)
- Parties
- Applicant: Lazarus Opiyo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Busia
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E034 of 2022
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- application for sentence review declined
- Judges
- JN Kamau
- Legal Topics
- Stealing From Locked Motor Vehicle, Sentencing Review, Probation and Community Service, Foreign Nationals in Criminal Justice
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lazarus Opiyo
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant is eligible for release on a Community Sentence Order before serving a substantial part of his sentence.
- 2 Whether the applicant's status as a foreigner without sufficient background information affects his eligibility for sentence review.
Ratio Decidendi
The court declined the application for sentence review on the grounds that the applicant, being a foreigner with no available background information, was not recommended for release by the Probation/Community Service Officer. Furthermore, the applicant had not served a substantial part of his sentence. The court exercised its discretion to deny the review, directing that the applicant continue serving his sentence in custody until a fresh application is made and considered.
Court Disposition
application for sentence review declined
Orders
- The applicant shall continue serving his sentence in custody until such time an application is made afresh for consideration.
Full Case Text
Judgment text and source record
17 paragraphs
Opiyo v Republic (Criminal Revision E034 of 2022) [2022] KEHC 12560 (KLR) (1 August 2022) (Ruling)
Neutral citation: [2022] KEHC 12560 (KLR)
Republic of Kenya
In the High Court at Busia
Criminal Revision E034 of 2022
JN Kamau, J
August 1, 2022
(ORIGINALLY CR CASE NO 1786 OF 2021)
Between
Lazarus Opiyo
Applicant
and
Republic
Respondent
Ruling
1. The applicant was charged with the offence of stealing from a locked motor vehicle contrary to section 279 (g) of the Penal Code cap 63 (Laws of Kenya). He was arraigned in court on 1/9/2020 where he pleaded guilty. He was sentenced to serve four (4) years imprisonment on 1/9/2020. According to the Prisons, the earliest date of release is 2/5/2023. The report by Fredrick Otieno Probation/Community Service Officer dated filed on 29/7/2022 does not recommend his release on Community Sentence Order as he is a foreigner with no information regarding him. For that reason and the fact that he is yet to serve a substantial part of his sentences I hereby decline his application for review as the sentence. It is hereby directed that he continues serving his sentence in custody until such time an application is made afresh for consideration. It is so ordered.
DATED AND DELIVERED AT BUSIA ON THIS 1ST DAY OF AUGUST 2022. J. KAMAUJUDGE