Buluku v Republic [2023] KEHC 2469 (KLR)

Buluku v Republic (Criminal Revision E099 of 2022) [2023] KEHC 2469 (KLR) (23 March 2023) (Ruling)

Neutral citation: [2023] KEHC 2469 (KLR)

Republic of Kenya

In the High Court at Kisumu

Criminal Revision E099 of 2022

RE Aburili, J

March 23, 2023

Between

Jackton Omusinde Buluku

Applicant

and

Republic

Respondent

(From the original conviction and sentence in Criminal Case No E432 of 2022 in the Chief Magistrate’s Court at Kisumu delivered on 12th October 2022)

Ruling

1. This matter was placed before the Judge on December 21, 2022 for Prison decongestion.

2. The Probation Officer filed a Sentence Review Report on December 21, 2022 disrecommending non-custodial sentence as the convict Jackton Omusinde Buluku was said to have no community ties hence it would be impossible to supervise him out of prison.

3. He was sentenced to serve three (3) years imprisonment for the offence of preparation to commit a felony.

4. As the situation has not changed, I find no merit in revision of sentence.

5. The sentence review request is dismissed.

6. The file is closed.

Dated, Signed and Delivered at Kisumu this 23rd Day of March, 2023R. E. ABURILIJUDGE