Wafula v Republic [2022] KEHC 11214 (KLR)

Wafula v Republic (Criminal Revision E033 of 2022) [2022] KEHC 11214 (KLR) (2 August 2022) (Ruling)

Neutral citation: [2022] KEHC 11214 (KLR)

Republic of Kenya

In the High Court at Busia

Criminal Revision E033 of 2022

JN Kamau, J

August 2, 2022

Between

Amos Wafula

Applicant

and

Republic

Respondent

Ruling

1. The Applicant was charged with the offence of assault causing actual bodily harm contrary to Section 251 of the Penal CodeCap 63 (Laws of Kenya). He was sentenced to serve two (2) years on 14/3/2022, the same date he was arraigned in court. He has only spent four (4) months sixteen (16) days in prison out of the two (2) years. The Report of Egline Sintiyon Probation Officer filed on 29/7/2022 does not recommend his release on a non-custodial sentence as he had spent a significantly short time, a position this court agreed with. Accordingly, I hereby decline to review the sentence and direct that the Applicant continues to serve his sentence in custody. He is at liberty to make a fresh application at the appropriate time for consideration by the court. Orders accordingly.

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