[2022] KEHC 10602 (KLR)
The court found that the applicant, having expressly indicated through the probation report that he does not wish to be considered for a non-custodial sentence and prefers to complete his custodial term, provided no basis for the court to interfere with the sentence. There was no error, illegality, or impropriety in...
Source-derived case information.
- Citation
- [2022] KEHC 10602 (KLR)
- Parties
- Applicant: Lewis Akedi Wekesa; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Busia
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E071 of 2022
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Application for revision dismissed; sentence left undisturbed.
- Judges
- JN Kamau
- Legal Topics
- House Breaking, Sentencing, Penal Code Section 304, Non Custodial Sentence, Imprisonment Term
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lewis Akedi Wekesa
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant's sentence should be revised or substituted with a non-custodial sentence.
- 2 Whether the applicant is eligible or willing for a non-custodial sentence.
Ratio Decidendi
The court found that the applicant, having expressly indicated through the probation report that he does not wish to be considered for a non-custodial sentence and prefers to complete his custodial term, provided no basis for the court to interfere with the sentence. There was no error, illegality, or impropriety in the sentence imposed. The court therefore declined to revise or disturb the sentence, leaving it to run its course as originally ordered.
Court Disposition
Application for revision dismissed; sentence left undisturbed.
Orders
- The applicant's sentence is left undisturbed.
Full Case Text
Judgment text and source record
16 paragraphs
Wekesa v Republic (Criminal Revision E071 of 2022) [2022] KEHC 10602 (KLR) (2 August 2022) (Ruling)
Neutral citation: [2022] KEHC 10602 (KLR)
Republic of Kenya
In the High Court at Busia
Criminal Revision E071 of 2022
JN Kamau, J
August 2, 2022
Between
Lewis Akedi Wekesa
Applicant
and
Republic
Respondent
Ruling
1. The Applicant was charged with the house breaking contrary to Section 304 (1) (a) of the Penal CodeCap 63 (Laws of Kenya). He was sentenced to six (6) months imprisonment on 27/4/2022. The early release date by the Prison was 27/7/2022. This court finds the same to be 27/8/2022. In the Report of Joyce Achieng Odhiambo Probation/Community Service Office that was filed on 29/7/2022 indicates that the Applicant does not want to be considered for a non-custodial sentence and wishes to complete the sentence. Accordingly, his sentence be and is hereby left undisturbed. Orders accordingly.
DATED AND DELIVERED AT BUSIA ON THIS 2ND DAY OF AUGUST 2022. J. KAMAUJUDGE