Wasike v Republic (Criminal Revision E171 of 2024) [2024] KEHC 16527 (KLR) (2 December 2024) (Ruling) Neutral citation: [2024] KEHC 16527 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KISUMU CRIMINAL REVISION E171 OF 2024 RE ABURILI, J DECEMBER 2, 2024 BETWEEN KEFA KHAEMBA WASIKE .................................................................... APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT (From the original conviction and sentence in Nyando Senior Principal Magistrate’s Court Criminal Case No. E443 of 2024) RULING 1. On 13th June 2024, the convict Kefa Khaemba Wasike was sentenced to serve 18 months imprisonment in default of paying a fine of Kshs.50,000 for the offence of stealing by servant. 2. He has not paid the fine which is the equivalent of the amplifier property of his employer. The convict has already served 5 months of the period in default of a fine. 3. In the spirit of prison decongestion, noting that he was a first offender whose employer had not paid him a salary though not justifiable, and he pleaded guilty, I hereby order that the period served is sufficient and unless otherwise lawfully held, the convict Kefa Khaemba Wasike is hereby set at liberty and warned not to reoffend. 4. This file is closed. DATED, SIGNED AND DELIVERED AT KISUMU THIS 2ND DAY OF DECEMBER, 2024 R. E. ABURILI JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/16527/eng@2024-12-02 1
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