[2024] KEHC 10623 (KLR)
The court found no reason to interfere with the sentence imposed by the trial court, noting that the applicants had only served three months of their two-year sentence, showed no remorse, and denied the offence even after being found in possession of some stolen property. The sentence was deemed lawful and lenient,...
Source-derived case information.
- Citation
- [2024] KEHC 10623 (KLR)
- Parties
- Applicant: Nelly Nafula Wekesa; Applicant: Julyne Nekesa Wanjala; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E128 of 2024
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Application for revision declined; sentence upheld.
- Judges
- RE Aburili
- Legal Topics
- Housebreaking, Stealing, Sentencing, Revision of Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nelly Nafula Wekesa
Applicant
Julyne Nekesa Wanjala
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the sentence imposed on the applicants for housebreaking and stealing should be revised.
- 2 Whether the applicants demonstrated sufficient grounds for sentence revision.
Ratio Decidendi
The court found no reason to interfere with the sentence imposed by the trial court, noting that the applicants had only served three months of their two-year sentence, showed no remorse, and denied the offence even after being found in possession of some stolen property. The sentence was deemed lawful and lenient, and the applicants were considered in need of prison rehabilitation. Consequently, the application for revision was declined and the file closed.
Court Disposition
Application for revision declined; sentence upheld.
Orders
- The application for revision of sentence is declined.
- The sentence of two years imprisonment for each applicant is upheld.
Full Case Text
Judgment text and source record
25 paragraphs
Wekesa & another v Republic (Criminal Revision E128 of 2024) [2024] KEHC 10623 (KLR) (10 September 2024) (Ruling)
Neutral citation: [2024] KEHC 10623 (KLR)
Republic of Kenya
In the High Court at Kisumu
Criminal Revision E128 of 2024
RE Aburili, J
September 10, 2024
Between
Nelly Nafula Wekesa
1st Applicant
Julyne Nekesa Wanjala
2nd Applicant
and
Republic
Respondent
((From the original conviction and sentence in Nyando Senior Principal Magistrate’s Court Criminal Case No. E052 of 2023))
Ruling
1. The convict vide Nyando SPM Criminal Case No. E052 of 2023 are Nelly Nafula Wekesa and Julyne Nekesa Wanjala.
2. They were both househelps who were convicted and sentenced to serve two (2) years imprisonment each for the offence of housebreaking and stealing.
3. They did not admit the charge. The property stolen included large sums of money. This was never recovered.
4. I find no reason to interfere with the lenient lawful sentence imposed.
5. The convicts need prison rehabilitation. They have been in prison for only 3 months. They showed no remorse even in their mitigation. They denied committing the offence even after being found in possession of some of the stolen properties.
6. I decline to revise the sentence.
7. This file is closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 10THDAY OF SEPTEMBER, 2024R. E. ABURILIJUDGE