[2024] KEHC 12371 (KLR)
The court declined to revise the applicant's custodial sentence to a non-custodial one because the probation officer's report did not include the complainant's views, which were deemed essential given that some of the stolen property was not recovered. The absence of the victim's input prevented the court from...
Source-derived case information.
- Citation
- [2024] KEHC 12371 (KLR)
- Parties
- Applicant: Bildad Waswa alias Bii; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E034 of 2024
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Sentence
- Outcome
- application for revision of sentence rejected
- Judges
- JM Nang'ea
- Legal Topics
- Sentence Revision, Probation Reports, Victim Input, Burglary, Stealing
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Bildad Waswa alias Bii
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Whether the applicant's sentence should be revised to a non-custodial sentence based on the probation officer's report and recommendations.
- 2 Whether the absence of the complainant's views in the probation report affects the propriety of granting a non-custodial sentence.
Ratio Decidendi
The court declined to revise the applicant's custodial sentence to a non-custodial one because the probation officer's report did not include the complainant's views, which were deemed essential given that some of the stolen property was not recovered. The absence of the victim's input prevented the court from determining whether the complainant had forgiven the offender or supported the proposed sentence revision. As a result, the application for sentence revision was rejected and the applicant was ordered to serve the remainder of his prison term.
Court Disposition
application for revision of sentence rejected
Orders
- The application for revision of sentence is rejected.
- The offender will serve the remainder of his prison term.
Full Case Text
Judgment text and source record
21 paragraphs
Waswa v Republic (Criminal Revision E034 of 2024) [2024] KEHC 12371 (KLR) (15 October 2024) (Ruling)
Neutral citation: [2024] KEHC 12371 (KLR)
Republic of Kenya
In the High Court at Nakuru
Criminal Revision E034 of 2024
JM Nang'ea, J
October 15, 2024
Between
Bildad Waswa alias Bii
Applicant
and
Republic
Respondent
Ruling
1. This matter comes up for revision of sentence under the Judiciary’s prison decongestion initiative. On 23/1/2024 the trial court sentenced the Applicant (Bildad Waswa “alias” Bii) to 1 year imprisonment on each limb of the charge of Burglary Contrary to Section 304(2) and Stealing Contrary to Section 279(b) of the Penal Code, if he failed to pay a fine of Kshs. 30,000/= on each of the two (2) limbs of the charge. The applicant has not paid the fine.
2. I have perused the Probation Officer’s Report dated 11/9/2024 which recommends a probation sentence against the inmate to be served for eight (8) months or thereabouts, being the remaining prison term of the convict.
3. The Applicant’s family is said to be willing and ready to assist him re-integrate back into the society. The prison authorities are also said to positively recommend the non-custodial sentence. The court is further told that the Applicant is remorseful and willing to serve the non-custodial sentence.
4. The Probation Officer’s Report does not incorporate the sentiments of the offence victim some of whose stolen property was not recovered. The complainant’s input was critical to establish if he has forgiven the offender.
5. The court is compelled to reject the Application for the main reason that the complainant’s views are not captured considering that not all her stolen goods were recovered.
6. The Application is therefore rejected and the offender will serve the remainder of his prison term.
DATED, SIGNED AND DELIVERED AT NAKURU THIS 15TH DAY OF OCTOBER, 2024. J. M. NANG’EA, JUDGE.