Adiye v Republic [2022] KEHC 10964 (KLR)

Adiye v Republic (Criminal Revision E038 of 2022) [2022] KEHC 10964 (KLR) (1 August 2022) (Ruling)

Neutral citation: [2022] KEHC 10964 (KLR)

Republic of Kenya

In the High Court at Busia

Criminal Revision E038 of 2022

JN Kamau, J

August 1, 2022

ORIGINALLY CR CASE NO E1957 OF 2021

Between

Godwin Adiye alias Edu

Applicant

and

Republic

Respondent

Ruling

1. The Applicant was charged with burglary and stealing contrary to Section 304 (2) of the Penal Code Cap 63 (Laws of Kenya). He was also charged with an alternative charge of handling stolen goods contrary to Section 322 (1) (2) of the Penal Code. He was arrested on 18/6/2021 and on 23/6/2021, he admitted the facts of the case. He was sentenced to three (3) years imprisonment on 28/7/2021. His earliest date of release as per the Prisons is 28/7/2022. According to the Report of Benard O. Musitia, Probation/Community Service Officer filed on 29/7/2022, the recommendation was that a non-custodial sentence was not tenable as he had only served one (1) out of three (3) years imprisonment, a position this Court agree with. Accordingly, I hereby decline to renew the sentence and direct that the Applicant continues to serve his sentence in custody. He is at liberty to file a fresh application at the appropriate time for consideration by the Court. Orders accordingly.

DATED AND DELIVERED AT BUSIA ON THIS 1ST DAY OF AUGUST 2022. J. KAMAUJUDGE