[2022] KEHC 12555 (KLR)
The court declined to revise the applicant's custodial sentence because the probation report did not recommend a non-custodial order. The applicant's status as a Ugandan national and the lack of background information made it impossible for the probation office to support release on non-custodial terms. There was no...
Source-derived case information.
- Citation
- [2022] KEHC 12555 (KLR)
- Parties
- Applicant: Wandera Simon Peter; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Busia
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E072 of 2022
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- application for revision declined
- Judges
- JN Kamau
- Legal Topics
- Stealing Stock, Sentencing Review, Probation Report, Foreign National Offender
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Wandera Simon Peter
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant's sentence should be revised to a non-custodial sentence.
- 2 Whether the applicant's status as a foreign national affects eligibility for non-custodial orders.
Ratio Decidendi
The court declined to revise the applicant's custodial sentence because the probation report did not recommend a non-custodial order. The applicant's status as a Ugandan national and the lack of background information made it impossible for the probation office to support release on non-custodial terms. There was no illegality or impropriety in the original sentence to warrant revision. The application for review was therefore dismissed and the file ordered closed.
Court Disposition
application for revision declined
Orders
- The application for review of sentence is declined.
- File to be closed.
Full Case Text
Judgment text and source record
17 paragraphs
Peter v Republic (Criminal Revision E072 of 2022) [2022] KEHC 12555 (KLR) (1 August 2022) (Ruling)
Neutral citation: [2022] KEHC 12555 (KLR)
Republic of Kenya
In the High Court at Busia
Criminal Revision E072 of 2022
JN Kamau, J
August 1, 2022
ORIGINALLY CR CASE NO E271 OF 2022
Between
Wandera Simon Peter
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 arraigned in court on 9/3/2022 when he pleaded guilty to the offence. On 31/3/2022, he was sentenced to one (1) year imprisonment. According to Prison, his earliest date of release is 1/12/2022. The Report by Esiromo G. Oduya Probation Officer dated 27/7/2022 does not recommend the release of the Applicant on non-custodial order as he is a Ugandan national and the administration was unable to gather information about him as he was new in the area, the Applicants application for review of sentence be and is hereby declined. File to be closed. Orders accordingly.
DATED AND DELIVERED AT BUSIA ON THIS 1ST DAY OF AUGUST, 2022. J. KAMAUJUDGE