Wekesa & another v Republic [2024] KEHC 10623 (KLR)

Wekesa & another v Republic (Criminal Revision E128 of 2024) [2024] KEHC 10623 (KLR) (10 September 2024) (Ruling)

Neutral citation: [2024] KEHC 10623 (KLR)

Republic of Kenya

In the High Court at Kisumu

Criminal Revision E128 of 2024

RE Aburili, J

September 10, 2024

Between

Nelly Nafula Wekesa

1st Applicant

Julyne Nekesa Wanjala

2nd Applicant

and

Republic

Respondent

((From the original conviction and sentence in Nyando Senior Principal Magistrate’s Court Criminal Case No. E052 of 2023))

Ruling

1. The convict vide Nyando SPM Criminal Case No. E052 of 2023 are Nelly Nafula Wekesa and Julyne Nekesa Wanjala.

2. They were both househelps who were convicted and sentenced to serve two (2) years imprisonment each for the offence of housebreaking and stealing.

3. They did not admit the charge. The property stolen included large sums of money. This was never recovered.

4. I find no reason to interfere with the lenient lawful sentence imposed.

5. The convicts need prison rehabilitation. They have been in prison for only 3 months. They showed no remorse even in their mitigation. They denied committing the offence even after being found in possession of some of the stolen properties.

6. I decline to revise the sentence.

7. This file is closed.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 10THDAY OF SEPTEMBER, 2024R. E. ABURILIJUDGE