Wekoba v Republic [2022] KEHC 10963 (KLR)

Wekoba v Republic (Criminal Revision E054 of 2022) [2022] KEHC 10963 (KLR) (2 August 2022) (Ruling)

Neutral citation: [2022] KEHC 10963 (KLR)

Republic of Kenya

In the High Court at Busia

Criminal Revision E054 of 2022

JN Kamau, J

August 2, 2022

Between

Mohammed Wekoba

Applicant

and

Republic

Respondent

Ruling

1. The applicant was charged with the offence of preparation to commit a felony contrary to section 308 (1) of the Penal Code Cap 63 (Laws of Kenya). The learned Trial Magistrate considered that he was repeat offender and sentenced him to three (3) years imprisonment on 13/7/2021. The early release date by Prison was 13/7/2023. The Report by Abdirashid Osman Probation Officer/Community Service Officer that was filed on 29/7/2022 did not recommend the Applicant’s release on a non-custodial sentence as the Prison authorities’ described him as a bad person who could not benefit from a non-custodial sentence. His aunt was also not happy with him. 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