[2024] KEHC 4787 (KLR)
The court found that the applicant had served one year of his two-year sentence for preparation to commit a felony and had demonstrated remorse and willingness to reform, as evidenced by the Probation Report. The judge considered the applicant's difficult upbringing, lack of family support, and the fact that his...
Source-derived case information.
- Citation
- [2024] KEHC 4787 (KLR)
- Parties
- Applicant: Moses Wekesa; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E064 of 2024
- Procedural Posture
- Criminal Revision / Ruling on Sentence Review
- Outcome
- application for sentence review allowed; applicant released conditionally
- Judges
- RE Aburili
- Legal Topics
- Sentence Review, Preparation to Commit Felony, Probation Reports, Prison Decongestion, Conditional Release
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Moses Wekesa
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Review
Legal Issues
- 1 Whether the applicant should be released from prison before completion of his sentence due to his circumstances and conduct.
- 2 Whether the applicant's background and remorse justify a revision of his sentence.
Ratio Decidendi
The court found that the applicant had served one year of his two-year sentence for preparation to commit a felony and had demonstrated remorse and willingness to reform, as evidenced by the Probation Report. The judge considered the applicant's difficult upbringing, lack of family support, and the fact that his criminality was influenced by his social circumstances. The court also took into account the need for prison decongestion and the applicant's engagement in productive activities while in prison. Despite concerns about the applicant being a flight risk and the community's hostility, the court determined that the interests of justice would be served by granting conditional release,...
Court Disposition
application for sentence review allowed; applicant released conditionally
Orders
- The convict Moses Wekesa is hereby released from prison conditional upon him not committing any offence for the next 12 months.
- File closed.
Full Case Text
Judgment text and source record
26 paragraphs
Wekesa v Republic (Criminal Revision E064 of 2024) [2024] KEHC 4787 (KLR) (7 May 2024) (Ruling)
Neutral citation: [2024] KEHC 4787 (KLR)
Republic of Kenya
In the High Court at Kisumu
Criminal Revision E064 of 2024
RE Aburili, J
May 7, 2024
Between
Moses Wekesa
Applicant
and
Republic
Respondent
(From the original conviction and sentence in the Chief Magistrate’s Court Criminal Case No. E602 of 2022 at Kisumu)
Ruling
1. The applicant for sentence review is Moses Wekesa who was sentenced to serve two (2) years imprisonment for the offence of preparation to commit a felony vide Kisumu CMCRC No. E602 of 2022.
2. The Probation Report filed on 16th April 2024 reveals that he hails from Bungoma County but has very weak ties to his home and was raised in various orphanages. He became a truant and could not be sustained in those orphanages hence he ended up in Kisumu.
3. He is not married. He kept bad company of criminals. He is now 32 years old. He prays for leniency but that the community does not want him out and threatens to lynch him because of his criminality.
4. The convict has already served one (1) year in prison and is remaining with less than a year. He may be released by August this year if he gets remission as per the prison report while his two-year imprisonment end date is 4th April 2025.
5. He is willing to serve the remainder of the sentence outside prison but he is a flight risk due to his socialization.
6. I have considered all the above and the fact that from the Probation Officer’s report, he is remorseful and according to the Probation Report, he has been engaged in farm work and promises to change.
7. In my view, the convict has served one year in prison and can benefit from prison decongestion exercise. From the history given by the Probation officer, his upbringing without his parents contributed to his social situation. He moved from children home to remand home due to lack of proper abode and guardianship. It was not his fault. He deserved to be given a chance to work and fend for himself but the society is not kind to persons who become criminals due to problematic childhood and upbringing.
8. For the above reasons, unless otherwise lawfully held in prison, the convict Moses Wekesa is hereby released from prison conditional upon him not committing any offence for the next 12 months.
9. File closed.
10. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 7TH DAY OF MAY, 2024R. E. ABURILIJUDGE