[2025] KEHC 4344 (KLR)
The court found that the applicant was lawfully convicted and sentenced to two years' imprisonment for the offence of stealing, following a guilty plea. The applicant's request for revision of sentence to include an option of fine or probation was considered but found to be moot, as there was no error, illegality,...
Source-derived case information.
- Citation
- [2025] KEHC 4344 (KLR)
- Parties
- Applicant: Alex Wafula; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E262 of 2023
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Sentence
- Outcome
- application dismissed
- Judges
- RN Nyakundi
- Legal Topics
- Sentence Revision, Probation Orders, Stealing Offence, Plea of Guilty
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Alex Wafula
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Whether the applicant is entitled to a revision of sentence to include an option of fine or probation under section 261 of the Criminal Procedure Code.
- 2 Whether the sentence of two years' imprisonment without an option of fine was harsh in the circumstances.
Ratio Decidendi
The court found that the applicant was lawfully convicted and sentenced to two years' imprisonment for the offence of stealing, following a guilty plea. The applicant's request for revision of sentence to include an option of fine or probation was considered but found to be moot, as there was no error, illegality, or impropriety in the original proceedings or sentence. The court held that the sentence imposed was within the law and the discretion of the trial court, and there was no basis for interference under section 382 of the Criminal Procedure Code. Consequently, the application for review of sentence was dismissed.
Court Disposition
application dismissed
Orders
- The application for review of sentence is dismissed under section 382 of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
18 paragraphs
Wafula v Republic (Criminal Revision E262 of 2023) [2025] KEHC 4344 (KLR) (4 April 2025) (Ruling)
Neutral citation: [2025] KEHC 4344 (KLR)
Republic of Kenya
In the High Court at Eldoret
Criminal Revision E262 of 2023
RN Nyakundi, J
April 4, 2025
Between
Alex Wafula
Applicant
and
Republic
Respondent
Ruling
1. Before me for determination is the applicant’s notice of motion filed on 25th July, 2023 in which she seeks to be admitted on probation. In the supporting affidavit she deposed that she was convicted and sentenced to 2 years’ imprisonment for stealing. She contends that the jail term without an option of fine is harsh and the court should revise the sentence and give an option of fine considering that she pleaded guilty to the charges without knowing the consequences of her actions. She urged the court to review her sentence to include a fine or probatory type in compliance with section 261 of the Criminal Procedure Code and Art. 27, 28, 29 and 48 of the Constitution of Kenya.
2. The background information is that the applicant was charged with the offence of stealing contrary to section 268 of the Penal Code as read with section 275 of the Penal Code. It was alleged that on 31st July, 2022 at Munyaka estate, he stole one mobile phone make ITEL valued at Kshs. 1,300/= the property of Stephen Musili. He pleaded guilty to the offence subsequently convicted and sentenced to two years’ imprisonment on 5th August, 2022. At a glance of this last order, the application for review of sentence is moot and is therefore dismissed under section 382 of the Criminal Procedure Code.
3. It is so ordered.
SIGNED, DATE AND DELIVERED AT ELDORET THIS 4TH DAY OF APRIL 2025. ..........................R. NYAKUNDIJUDGE