[2022] KEHC 12370 (KLR)
The court declined to review the applicant's sentence because he had served only a very short period of his three-year custodial sentence for stealing stock. Despite the recommendation from the Probation/Community Service Officer for a community service order, the court found that the circumstances did not warrant...
Source-derived case information.
- Citation
- [2022] KEHC 12370 (KLR)
- Parties
- Applicant: Haron Oshale; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Busia
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E041 of 2022
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Application for revision of sentence declined.
- Judges
- JN Kamau
- Legal Topics
- Stealing Stock, Sentencing Review, Community Service Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Haron Oshale
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant's sentence of three years imprisonment for stealing stock should be reviewed and substituted with a community service order.
- 2 Whether the short period already served by the applicant justifies a revision of sentence.
Ratio Decidendi
The court declined to review the applicant's sentence because he had served only a very short period of his three-year custodial sentence for stealing stock. Despite the recommendation from the Probation/Community Service Officer for a community service order, the court found that the circumstances did not warrant an early substitution of the custodial sentence. The applicant was advised to make a fresh application at a later, more appropriate time for consideration.
Court Disposition
Application for revision of sentence declined.
Orders
- The application for sentence review is declined.
- The applicant shall continue to serve his sentence in custody.
Full Case Text
Judgment text and source record
17 paragraphs
Oshale v Republic (Criminal Revision E041 of 2022) [2022] KEHC 12370 (KLR) (1 August 2022) (Ruling)
Neutral citation: [2022] KEHC 12370 (KLR)
Republic of Kenya
In the High Court at Busia
Criminal Revision E041 of 2022
JN Kamau, J
August 1, 2022
Originally CR case NO E2231 of 2021
Between
Haron Oshale
Applicant
and
Republic
Respondent
Ruling
1. The Applicant was charged with the offence of stealing stock contrary to Section 278 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 (1) as read with Section 322 (2) of the Penal Code. He was arraigned in Court on 26/7/021 when he pleaded guilty to the charge. He was sentenced to serve three (3) years imprisonment. The earliest release date as per the Prisons is 26/7/2022. The Report by Munialo Godwin John Probation/Community Service Officer filed 29/7/2022 recommends that he be considered for community service order at Katakwa’s Chief office. In view of the fact that the Applicant has only served a very short period of his sentence, I hereby decline to review the sentence and direct that he continues to serve his sentence in custody. The Applicant to make a fresh application at another appropriate time for consideration by the Court. Orders accordingly.
DATED AND DELIVERED AT BUSIA ON THIS 1ST DAY OF AUGUST 2022. J. KAMAUJUDGE