[2023] KEHC 23868 (KLR)
The court found that the applicant, Rashid Abdala, is a repeat offender with a history of stealing and has already breached probationary terms. The probation officer's report established that he is not suitable for a non-custodial sentence as he does not appreciate its purpose and is incapable of being supervised....
Source-derived case information.
- Citation
- [2023] KEHC 23868 (KLR)
- Parties
- Applicant: Rashid Abdala; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E083 of 2023
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Application for revision of sentence declined; applicant to serve full sentence.
- Judges
- RE Aburili
- Legal Topics
- Sentencing, Recidivism, Probation Breach
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Rashid Abdala
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant is suitable for a non-custodial sentence given his history of recidivism and breach of probationary terms.
- 2 Whether the sentence of two years imprisonment should be revised.
Ratio Decidendi
The court found that the applicant, Rashid Abdala, is a repeat offender with a history of stealing and has already breached probationary terms. The probation officer's report established that he is not suitable for a non-custodial sentence as he does not appreciate its purpose and is incapable of being supervised. Consequently, the court declined to revise the two-year custodial sentence imposed by the trial court, holding that the sentence was appropriate in the circumstances and necessary for rehabilitation.
Court Disposition
Application for revision of sentence declined; applicant to serve full sentence.
Orders
- The application for revision of sentence is declined.
- The applicant to serve the full sentence of two years imprisonment as imposed by the trial court.
Full Case Text
Judgment text and source record
21 paragraphs
Abdala v Republic (Criminal Revision E083 of 2023) [2023] KEHC 23868 (KLR) (6 October 2023) (Ruling)
Neutral citation: [2023] KEHC 23868 (KLR)
Republic of Kenya
In the High Court at Kisumu
Criminal Revision E083 of 2023
RE Aburili, J
October 6, 2023
Between
Rashid Abdala
Applicant
and
Republic
Respondent
(From the original conviction and sentence in Senior Principal Magistrate Criminal Case No. E150 of 2023 at Nyando)
Ruling
1. From the Probation Officer’s Report filed in court on August 23, 2023, the convict Rashid Abdala is a recidivist of offences of stealing and he already breached probationary terms.
2. He is found not to be suitable for non-custodial sentence as he does not appreciate the purpose of a non-custodial sentence and is incapable of being supervised.
3. Accordingly, I decline to revise the sentence of two (2) years imprisonment imposed on him on June 13, 2023 vide Nyando SPM Criminal Case No. E150 of 2023.
4. The convict to serve full sentence and be rehabilitated.
5. This file is closed. I so order
DATED, SIGNED AND DELIVERED AT KISUMU THIS 6TH DAY OF OCTOBER, 2023R. E. ABURILIJUDGE