Opiyo v Republic [2022] KEHC 12560 (KLR)

Opiyo v Republic (Criminal Revision E034 of 2022) [2022] KEHC 12560 (KLR) (1 August 2022) (Ruling)

Neutral citation: [2022] KEHC 12560 (KLR)

Republic of Kenya

In the High Court at Busia

Criminal Revision E034 of 2022

JN Kamau, J

August 1, 2022

(ORIGINALLY CR CASE NO 1786 OF 2021)

Between

Lazarus Opiyo

Applicant

and

Republic

Respondent

Ruling

1. The applicant was charged with the offence of stealing from a locked motor vehicle contrary to section 279 (g) of the Penal Code cap 63 (Laws of Kenya). He was arraigned in court on 1/9/2020 where he pleaded guilty. He was sentenced to serve four (4) years imprisonment on 1/9/2020. According to the Prisons, the earliest date of release is 2/5/2023. The report by Fredrick Otieno Probation/Community Service Officer dated filed on 29/7/2022 does not recommend his release on Community Sentence Order as he is a foreigner with no information regarding him. For that reason and the fact that he is yet to serve a substantial part of his sentences I hereby decline his application for review as the sentence. It is hereby directed that he continues serving his sentence in custody until such time an application is made afresh for consideration. It is so ordered.

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