[2022] KEHC 12283 (KLR)
The court declined to review the applicant's custodial sentence to a non-custodial one because the applicant was a repeat criminal offender and had only served a short portion of his sentence. The court found that, despite the probation officer's recommendation and the lack of opposition from the local...
Source-derived case information.
- Citation
- [2022] KEHC 12283 (KLR)
- Parties
- Applicant: Douglas Wandera; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Busia
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E044 of 2022
- Procedural Posture
- Criminal Revision / Ruling on Application for Sentence Review
- Outcome
- Application for sentence review declined.
- Judges
- JN Kamau
- Legal Topics
- Burglary, Stealing, Sentencing Review, Repeat Offender, Non Custodial Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Douglas Wandera
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Sentence Review
Legal Issues
- 1 Whether the applicant, a repeat offender, is eligible for a review of his custodial sentence to a non-custodial sentence.
- 2 Whether the recommendations of the probation officer and the local administration are sufficient grounds for sentence review.
Ratio Decidendi
The court declined to review the applicant's custodial sentence to a non-custodial one because the applicant was a repeat criminal offender and had only served a short portion of his sentence. The court found that, despite the probation officer's recommendation and the lack of opposition from the local administration and community, the applicant's criminal history and the principle of deterrence outweighed the arguments for early release. The court emphasized that non-custodial sentences are not appropriate for repeat offenders, and the applicant could only make a fresh application at a later, more appropriate time.
Court Disposition
Application for sentence review declined.
Orders
- The applicant shall continue serving his sentence in custody.
- The applicant may make a fresh application for review at the appropriate time.
Full Case Text
Judgment text and source record
17 paragraphs
Wandera v Republic (Criminal Revision E044 of 2022) [2022] KEHC 12283 (KLR) (2 August 2022) (Ruling)
Neutral citation: [2022] KEHC 12283 (KLR)
Republic of Kenya
In the High Court at Busia
Criminal Revision E044 of 2022
JN Kamau, J
August 2, 2022
Between
Douglas Wandera
Applicant
and
Republic
Respondent
(ORIGINALLY CR CASE NO E478 OF 2021)
Ruling
1. The applicant was charged with the offence of burglary contrary to section 304 (2) and stealing contrary to section 279 (b) of the Penal Codecap 63 (Laws of Kenya). He was also charged with an alternative charge of handling stolen property contrary to section 322 (1) (2) of the Penal Code. He was arrested on 7/2/2021 and arraigned in court on 10/2/2021, he changed the plea and pleaded guilty and was convicted for the offence of burglary and stealing. He was sentenced to three (3) years imprisonment which was to run from 10/2/2021. The report by Fredrick Otieno probation/community service officer that was filed on 29/7/2022 recommends that he be released to serve a non-custodial order on account of the fact that the local administration and community were not opposed to his release and to serve the same at Kingadole chief’s office. This court noted from the pre-sentencing report that the applicant was not suitable for a non-custodial sentence as he was a repeat criminal offender. At the time he was sentenced on 10/3/2021, he was serving a one (1) year sentence. He had spent one (1) year and seven (7) months in custody. His early date of release by prisons was 8/10/2023. In view of the fact that the applicant had only served a short part of his sentence and he was a repeat criminal, I hereby decline to review his sentence. I hereby direct that the applicant continues serving his sentence in custody. He will be 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