[2022] KEHC 11214 (KLR)
The court found that the applicant had served only a short portion of his two-year sentence for assault causing actual bodily harm. The Probation Officer's report did not recommend release on a non-custodial sentence, and the court agreed that the time served was insufficient to justify a review. Consequently, the...
Source-derived case information.
- Citation
- [2022] KEHC 11214 (KLR)
- Parties
- Applicant: Amos Wafula; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Busia
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E033 of 2022
- Procedural Posture
- Criminal Revision / Ruling on Application for Sentence Review
- Outcome
- Application for revision of sentence declined.
- Judges
- JN Kamau
- Legal Topics
- Assault Causing Actual Bodily Harm, Sentencing Review, Non Custodial Sentence, Probation Report
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Amos Wafula
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Sentence Review
Legal Issues
- 1 Whether the applicant is entitled to a review of his custodial sentence for assault causing actual bodily harm.
- 2 Whether the period already served by the applicant justifies release on a non-custodial sentence.
Ratio Decidendi
The court found that the applicant had served only a short portion of his two-year sentence for assault causing actual bodily harm. The Probation Officer's report did not recommend release on a non-custodial sentence, and the court agreed that the time served was insufficient to justify a review. Consequently, the court declined to interfere with the original sentence, holding that the applicant should continue serving his custodial term. The applicant was informed of his liberty to make a fresh application at an appropriate future time.
Court Disposition
Application for revision of sentence declined.
Orders
- The application for review of sentence is declined.
- The applicant shall continue to serve his custodial sentence.
Full Case Text
Judgment text and source record
16 paragraphs
Wafula v Republic (Criminal Revision E033 of 2022) [2022] KEHC 11214 (KLR) (2 August 2022) (Ruling)
Neutral citation: [2022] KEHC 11214 (KLR)
Republic of Kenya
In the High Court at Busia
Criminal Revision E033 of 2022
JN Kamau, J
August 2, 2022
Between
Amos Wafula
Applicant
and
Republic
Respondent
Ruling
1. The Applicant was charged with the offence of assault causing actual bodily harm contrary to Section 251 of the Penal CodeCap 63 (Laws of Kenya). He was sentenced to serve two (2) years on 14/3/2022, the same date he was arraigned in court. He has only spent four (4) months sixteen (16) days in prison out of the two (2) years. The Report of Egline Sintiyon Probation Officer filed on 29/7/2022 does not recommend his release on a non-custodial sentence as he had spent a significantly short time, a position this court agreed with. Accordingly, I hereby decline to review the sentence and direct that the Applicant continues to serve his sentence in custody. He is at liberty to make a fresh application at the appropriate time for consideration by the court. Orders accordingly.
DATED AND DELIVERED AT BUSIA ON THIS 2ND DAY OF AUGUST 2022. J. KAMAUJUDGE