[2013] KEHC 1354 (KLR)
The court found that the inmate, having served 8 months for burglary and stealing, had received sufficient punishment, especially since part of the stolen goods were recovered and the inmate had shown signs of rehabilitation. The court considered the negative CSO report regarding community acceptance but determined...
Source-derived case information.
- Citation
- [2013] KEHC 1354 (KLR)
- Parties
- Respondent: Republic; Appellant: Erick Wanyama Namasaka
- Court
- High Court
- Court Station
- High Court at Bungoma
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 55 of 2013
- Procedural Posture
- Criminal Revision / Order
- Outcome
- appellant set at liberty forthwith unless otherwise lawfully held
- Legal Topics
- Burglary, Stealing, Sentencing, Release From Custody
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Erick Wanyama Namasaka
Appellant
Procedural Posture
Criminal Revision / Order
Legal Issues
- 1 Whether the sentence already served by the inmate is sufficient punishment for the offence of burglary and stealing.
- 2 Whether the inmate should be released despite the community's unwillingness to accept him back.
Ratio Decidendi
The court found that the inmate, having served 8 months for burglary and stealing, had received sufficient punishment, especially since part of the stolen goods were recovered and the inmate had shown signs of rehabilitation. The court considered the negative CSO report regarding community acceptance but determined that the interests of justice and proportionality of sentence justified immediate release. The court exercised its discretion to set the inmate at liberty forthwith unless otherwise lawfully held.
Court Disposition
appellant set at liberty forthwith unless otherwise lawfully held
Orders
- The inmate is set at liberty forthwith unless otherwise lawfully held.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT BUNGOMA
CRIMINAL REVISION CASE NO. 55 OF 2013
REPUBLIC ….......................................... RESPONDENT
VERSUS
ERICK WANYAMA NAMASAKA ….......................... APPELLANT
ORDER
I have perused the CSO report which is not favourable to the inmate as the community is not willing to accept him back.
The inmate was convicted on 28. 1.13 of the offence of Burglary and stealing contrary to Section 304 (1) of the Penal Code.
According to the report, the inmate is married with a child. Part of the stolen goods (2 chickens) were recovered. The inmate has already served 8 months which in my view is sufficient punishment. He has learnt his lessons. I therefore set him at liberty forthwith unless otherwise lawfully held.
ISSUED AT BUNGOMA THIS 18TH DAY OF OCTOBER 2013
A. OMOLLO
JUDGE.