Oteba v Republic [2022] KEHC 11035 (KLR)

Oteba v Republic (Criminal Revision E084 of 2022) [2022] KEHC 11035 (KLR) (2 August 2022) (Ruling)

Neutral citation: [2022] KEHC 11035 (KLR)

Republic of Kenya

In the High Court at Busia

Criminal Revision E084 of 2022

JN Kamau, J

August 2, 2022

ORIGINALLY CR CASE NO E418 OF 2022

Between

Godfrey Oteba

Applicant

and

Republic

Respondent

Ruling

1. The Applicant was charged with the offence of burglary contrary to Section 304 (2) and Stealing contrary to Section 279 (b) of the Penal Code Cap 63 (Laws of Kenya). He was sentenced to three (3) years after the court noted that he was a gang member who was engaged in crime. The Report by Celestine Orao Probation Officer dated 31/5/2022 dos not recommend his release on a non-custodial sentence due to his past criminal activities. He had even been released on probation during the prison decongestion exercise in April 2020 but he never reported to the Probation Office as was directed. Accordingly, I hereby decline to review the sentence and direct that the Applicant serves the remainder of the sentence in custody. Orders accordingly.

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