Analo v Republic [2025] KEHC 3371 (KLR)

Analo v Republic (Criminal Revision 1 of 2025) [2025] KEHC 3371 (KLR) (18 March 2025) (Ruling)

Neutral citation: [2025] KEHC 3371 (KLR)

Republic of Kenya

In the High Court at Kibera

Criminal Revision 1 of 2025

DR Kavedza, J

March 18, 2025

Between

Willis Stanley Analo

Applicant

and

Republic

Respondent

Ruling

1. The applicant was jointly charged with others not before this court and convicted for the offence of breaking into a building and committing a felony contrary to section 306(a) of the Penal Code. He was sentenced to pay a fine of Kshs. 100,000 in default to serve three years imprisonment.

2. Being aggrieved, he filed the present application dated 7th January 2025 seeking sentence review. The grounds raised in support of the application are that since his incarceration he has been rehabilitated. He is the sole breadwinner in his family. He prayed for leniency.

3. A probation report was filed with respect to the applicant. According to the said report, the applicant has been receptive to rehabilitation while in prison and is remorseful for committing the offence. The findings in the probation report are favourable and I accordingly find that he is eligible for a non-custodial sentence.

4. I therefore set aside the sentence imposed of a fine of Kshs. 100,000/= in default to serve three years imprisonment, and order that the applicant be placed on community service for a period of six (6) months at Kawangware Muslim Chief’s Camp under the supervision of the Kibera Probation Officer.

RULING DATED AND DELIVERED VIRTUALLY THIS 18THDAY OF MARCH 2025D. KAVEDZAJUDGE