Ooko v Republic [2022] KEHC 10947 (KLR)

Ooko v Republic (Criminal Revision E048 of 2022) [2022] KEHC 10947 (KLR) (2 August 2022) (Ruling)

Neutral citation: [2022] KEHC 10947 (KLR)

Republic of Kenya

In the High Court at Busia

Criminal Revision E048 of 2022

JN Kamau, J

August 2, 2022

Between

Albert Ochieng Ooko

Applicant

and

Republic

Respondent

Ruling

1. The applicant was charged with stealing contrary to section 275 of the Penal Codecap 63 (Laws of Kenya). He was convicted and fined ksh.50,000/= or in default to serve two (2) years imprisonment on 8/3/2022. His early date of release as per Prison is 10/6/2022. He has spent five (5) months twenty nine (29) days in prsion. The Report of Dennis Kiptanui Probation Officer dated 25/7/2022 does not recommend the release on a non-custodial sentence due to his safety as he was almost killed when the offence occurred and the Community is still very hostile. According to section 28 (2) of the Penal Code, a fine exceeding ksh.15,000/= but not exceeding ksh.50,000/= attracts a default imprisonment of one (1) year. The default sentence of two (2) years that was imposed by the Learned Trial Magistrate was unlawful, illegal and without legal basis. The applicant ought to complete his sentence on 2/8/2022 having taken into account the period from the date was arrested and the date he was sentenced in line with section 333 (2) of the Criminal Procedure Code cap 75 (Laws of Kenya). It is hereby directed that the applicant completes his sentence up to 12/8/2022 in custody.Orders accordingly.

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