Etyang v Republic [2022] KEHC 10836 (KLR)

Etyang v Republic (Criminal Revision E052 of 2022) [2022] KEHC 10836 (KLR) (2 August 2022) (Ruling)

Neutral citation: [2022] KEHC 10836 (KLR)

Republic of Kenya

In the High Court at Busia

Criminal Revision E052 of 2022

JN Kamau, J

August 2, 2022

Between

Moses Etyang

Applicant

and

Republic

Respondent

Ruling

1. The Applicant was charged with the offence of Stealing contrary to Section 279 (b) of the Penal CodeCap 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 5/1/2022 and arraigned in court on 6/1/2022 when he pleaded guilty to the charges and was convicted and sentenced to three (3) years imprisonment. His early release date by the Prison is 6/1/2014. He has only spent seven (7) months in prison. The Report by Bernard O. Musitia Probation/Community Service Officer dated 25/7/2022 has recommended a non-custodial sentence on Probation. The Applicant has only served a short period of his sentence. I therefore decline to review his sentence and direct that he 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