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JudgmentPETER WAMBUA MUSILI VS The Republic1 min read

PETER WAMBUA MUSILI VS The Republic

High Court at Nyamira High Court · · T. Cherere

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The Court notes written request by the Applicant to be considered for placement on probation.
The Court observes that there is no pending application for appeal or revision of sentence.
Under Section 3(1) of the Probation of Offenders Act (Cap. 64) , a probation order may only be made in lieu of a sentence of imprisonment and not after a valid sentence has been imposed.
Consequently, this Court is functus officio and lacks jurisdiction to vary the sentence at this stage.
The Application is thus disallowed

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    PETER WAMBUA MUSILI VS The Republic PETER WAMBUA MUSILI VS The Republic