[2022] KEHC 13847 (KLR)
The court ruled that the pre-sentence report filed by the probation office must be furnished to the defence advocate to ensure procedural fairness and allow the defence adequate opportunity to prepare for the sentencing hearing. This step is necessary to uphold the accused's right to a fair trial and to ensure that...
Source-derived case information.
- Citation
- [2022] KEHC 13847 (KLR)
- Parties
- Applicant: Republic; Defendant: Ruben Mutsalali Shibutse
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 10 of 2013
- Procedural Posture
- Criminal Case / Pre Sentencing Ruling
- Outcome
- Pre-sentence report to be furnished to defence; sentencing hearing to be scheduled.
- Judges
- WM Musyoka
- Legal Topics
- Pre Sentence Report, Sentencing Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Ruben Mutsalali Shibutse
Defendant
Procedural Posture
Criminal Case / Pre Sentencing Ruling
Legal Issues
- 1 Whether the pre-sentence report should be furnished to the defence advocate.
- 2 What procedural steps should follow the filing of the pre-sentence report.
Ratio Decidendi
The court ruled that the pre-sentence report filed by the probation office must be furnished to the defence advocate to ensure procedural fairness and allow the defence adequate opportunity to prepare for the sentencing hearing. This step is necessary to uphold the accused's right to a fair trial and to ensure that all relevant information is considered before sentencing. The court further directed that a date be set for the sentencing hearing after the defence has had the opportunity to review the report.
Court Disposition
Pre-sentence report to be furnished to defence; sentencing hearing to be scheduled.
Orders
- The pre-sentence report filed by the probation office shall be furnished to the Advocate for the defence.
- A date shall be given for the sentencing hearing.
Full Case Text
Judgment text and source record
18 paragraphs
Republic v Shibutse (Criminal Case 10 of 2013) [2022] KEHC 13847 (KLR) (7 October 2022) (Ruling)
Neutral citation: [2022] KEHC 13847 (KLR)
Republic of Kenya
In the High Court at Kakamega
Criminal Case 10 of 2013
WM Musyoka, J
October 7, 2022
Between
Republic
Prosecution
and
Ruben Mutsalali Shibutse
Accused
Ruling
1. The probation office has filed a pre-sentence report.
2. Let the same be furnished to the Advocate for the defence.
3. A date to be given for sentencing hearing.
RULING DELIVERED, DATED AND SIGNED IN OPEN COURT AT KAKAMEGA THIS 7TH DAY OF OCTOBER 2022WM MUSYOKAJUDGEMr. Erick Zalo, Court Assistant.Ms. Kagai, instructed by the Director of Public Prosecutions, for the Republic.Mr. Nandwa, Advocate for the accused person.