Automated Summary
Key Facts
Moses Wekesa was sentenced to two years imprisonment for preparation to commit a felony (Kisumu CMCRC No. E602 of 2022). He served one year in prison and was released on 7 May 2024 conditional upon not committing any offense for the next 12 months. The court considered his upbringing in orphanages, lack of family ties, and societal challenges faced by individuals with problematic childhoods. His original two-year sentence would have ended on 4 April 2025.
Issues
The court evaluated whether Moses Wekesa's two-year sentence for preparation to commit a felony should be reviewed, considering his upbringing in orphanages, lack of family ties, time already served (one year in prison), and the Probation Officer's report indicating remorse and potential for reform. The judge noted his status as a flight risk due to socialization and community threats of lynching but ruled in favor of release under conditional supervision for 12 months to address prison decongestion and provide an opportunity for rehabilitation.
Holdings
The court granted the applicant's request for sentence review, releasing Moses Wekesa from prison after he served one year of a two-year sentence for preparation to commit a felony. The release is conditional upon him not committing any offense for the next 12 months.
Remedies
Moses Wekesa was released from prison on the condition that he does not commit any offense for the next 12 months.
Cited Statute
Penal Code (Cap 63)
Judge Name
R. E. Aburili
Passage Text
- The applicant for sentence review is Moses Wekesa who was sentenced to serve two (2) years imprisonment for the offence of preparation to commit a felony vide Kisumu CMCRC No. E602 of 2022.
- The Probation Report filed on 16th April 2024 reveals that he hails from Bungoma County but has very weak ties to his home and was raised in various orphanages. He became a truant and could not be sustained in those orphanages hence he ended up in Kisumu.
- For the above reasons, unless otherwise lawfully held in prison, the convict Moses Wekesa is hereby released from prison conditional upon him not committing any offence for the next 12 months.