Joseph Safari Kioko v The Republic

Kioko v Republic (Criminal Revision E014 of 2024) [2024] KEHC 17166 (KLR) (22 March 2024) (Ruling) Neutral citation: [2024] KEHC 17166 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT MAKUENI CRIMINAL REVISION E014 OF 2024 TM MATHEKA, J MARCH 22, 2024 BETWEEN JOSEPH SAFARI KIOKO ........................................................................ APPLICANT AND THE REPUBLIC ................................................................................... RESPONDENT RULING Sentence Review From Tawa MCCRC E006 of 202 1. This matter is before me for purposes of revision under the decongestion exercise by the Judiciary vide memo dated March 13, 2024. 2. The convict was sentenced on 23/1/2024 to 1 years’ imprisonment 3. I have perused the Probation Report filed on March 18, 2024. It is recommended that the offender serves Community Service for 8 months at Utangwa Primary School under the supervision of the School Principal 4. The Probation and After Care Services filed a report in the lower court file dated January 23, 2024, where it was stated that the accused was unsuitable for a non-custodial sentence citing the hostility of the father and the area administrators, and the complainant who is his uncle. 5. The present report has no indication of what has changed and is unacceptable.as it does not support the recommendation 6. The Probation Office is directed to conduct a proper review report and avail it in 21 days 5. The Recommendation is rejected. 6. Mention before the DR on April 17, 2024 for the the further POR. https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/17166/eng@2024-03-22 1

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