[2023] KEHC 23871 (KLR)
The court found that the applicant, being a repeat offender who previously absconded probation and lacking family or community ties, is not a suitable candidate for a non-custodial sentence. The court held that a non-custodial sentence would serve no purpose as the applicant is incapable of being supervised....
Source-derived case information.
- Citation
- [2023] KEHC 23871 (KLR)
- Parties
- Applicant: Henry Ouma Aenda; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E071 of 2023
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Application for revision of sentence dismissed. Applicant to serve full three-year prison term.
- Judges
- RE Aburili
- Legal Topics
- Sentencing Principles, Repeat Offender, Non Custodial Sentence, Probation Absconding
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Henry Ouma Aenda
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant's sentence of three years imprisonment should be revised to a non-custodial sentence.
- 2 Whether the applicant is suitable for supervision under a non-custodial sentence given his history.
Ratio Decidendi
The court found that the applicant, being a repeat offender who previously absconded probation and lacking family or community ties, is not a suitable candidate for a non-custodial sentence. The court held that a non-custodial sentence would serve no purpose as the applicant is incapable of being supervised. Consequently, the court declined to revise the custodial sentence and ordered that the applicant serve the full three-year prison term imposed by the trial court.
Court Disposition
Application for revision of sentence dismissed. Applicant to serve full three-year prison term.
Orders
- The application for revision of sentence is declined.
- The applicant shall complete the three (3) years prison term imposed.
Full Case Text
Judgment text and source record
23 paragraphs
Aenda v Republic (Criminal Revision E071 of 2023) [2023] KEHC 23871 (KLR) (6 October 2023) (Ruling)
Neutral citation: [2023] KEHC 23871 (KLR)
Republic of Kenya
In the High Court at Kisumu
Criminal Revision E071 of 2023
RE Aburili, J
October 6, 2023
Between
Henry Ouma Aenda
Applicant
and
Republic
Respondent
(From the original conviction and sentence in Chief Magistrate Criminal Case No. E1000 of 2022 at Kisumu)
Ruling
1. Henry Ouma Aenda is a convict vide Kisumu Chief Magistrate Criminal Case No. E1000 of 2022 for the offence of stealing motor vehicle parts. He was sentenced to serve three (3) years imprisonment.
2. He is a repeat offender who absconded probation in a previous conviction of stealing. He has no family ties. He left his home in Busia County for street scavenging in Kisumu City where he picks and sells scrap metals.
3. He is 44 years and unmarried with no children and no obligation to third parties.
4. Non-custodial sentence will not serve any purpose as he is incapable of being supervised.
5. In the premises, I decline to revise the prison sentence imposed on the convict Henry Ouma Aenda and order that he completes the three (3) years prison term meted out.
6. I so order.
7. This file is hereby closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 6THDAY OF OCTOBER, 2023R. E. ABURILIJUDGE