Mwezigi v Republic [2022] KEHC 11542 (KLR)

Mwezigi v Republic (Criminal Revision E067 of 2022) [2022] KEHC 11542 (KLR) (1 August 2022) (Ruling)

Neutral citation: [2022] KEHC 11542 (KLR)

Republic of Kenya

In the High Court at Busia

Criminal Revision E067 of 2022

JN Kamau, J

August 1, 2022

(ORIGINALLY CR CASE NO E060 OF 2022)

Between

Rodgers Mwezigi

Applicant

and

Republic

Respondent

Ruling

1. The Applicant was charged with the offence of stealing contrary to Section 268 (1) as read with Section 275 of the Penal Code Cap 63 (Laws of Kenya). He was arrested on 13/1/2022 when he admitted the offence. He was sentenced on 8/2/2022 and directed to serve one (1) year imprisonment. The earliest Release date of the Prisons is 9/10/2022. The Report by Celestine Orao Probation Officer that was dated 25/7/2022 does not recommend his release on community service order as he is a foreigner. Accordingly, I hereby decline to renew his sentence and direct that he completes his sentence in custody. In line with Section 333 (2) of the Criminal Procedure Code Cap 75 (Laws of Kenya), the period between 13/1/2022 and 8/2/2022 to be taken into account while computing his sentence. Orders accordingly.

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