Barasa v Republic [2022] KEHC 10945 (KLR)

Barasa v Republic (Criminal Revision E049 of 2022) [2022] KEHC 10945 (KLR) (2 August 2022) (Ruling)

Neutral citation: [2022] KEHC 10945 (KLR)

Republic of Kenya

In the High Court at Busia

Criminal Revision E049 of 2022

JN Kamau, J

August 2, 2022

Between

Amos Sifuna Barasa

Applicant

and

Republic

Respondent

Ruling

1. The Applicant was charged with the offence of having suspected stolen property contrary to Section 323 of the Penal Code cap 63 (Laws of Kenya). He was convicted and sentenced to serve two (2) years imprisonment to run from the date of the plea on 22/2/2022 on 3/3/2022. The Report of Munial Godwin John Probation/Community Service Officer that was filed on 29/7/2022 did not recommend his release on a non-custodial sentence as the Applicant was a habitual offender, a fact that the Learned Trial Magistrate observed at the time of sentencing him. Accordingly, I hereby decline to review the sentence and direct that the Applicant continues serving his sentence in custody. He is at liberty to make a fresh application at an appropriate time for consideration by the court. Orders accordingly.

DATED AND DELIVERED AT BUSIA ON THIS 2ND DAY OF AUGUST 2022. J. KAMAUJUDGE