[2023] KEHC 21105 (KLR)
The court found that, although the applicant deserved a custodial sentence due to the violent nature of the offence and the negative presentence report, the original sentence of three years imprisonment was excessive. Exercising its revisionary powers under section 354(3)(ii) of the Criminal Procedure Code, the...
Source-derived case information.
- Citation
- [2023] KEHC 21105 (KLR)
- Parties
- Applicant: Denis Aloo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E007 of 2023
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Sentence
- Outcome
- Sentence revised; custodial sentence reduced from 3 years to 2 years imprisonment.
- Judges
- DO Ogembo
- Legal Topics
- Sentencing Revision, Assault Causing Actual Bodily Harm, Penal Code Section 251, Probation Reports, Custodial Vs Non Custodial Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Denis Aloo
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Whether the sentence of 3 years imprisonment for assault causing actual bodily harm was excessive in the circumstances.
- 2 Whether the applicant should be granted an option of a fine or a non-custodial sentence.
Ratio Decidendi
The court found that, although the applicant deserved a custodial sentence due to the violent nature of the offence and the negative presentence report, the original sentence of three years imprisonment was excessive. Exercising its revisionary powers under section 354(3)(ii) of the Criminal Procedure Code, the court reduced the sentence to two years imprisonment, to run from the date of the original sentencing. The court declined to grant an option of a fine or a non-custodial sentence, emphasizing the need for rehabilitation and community protection.
Court Disposition
Sentence revised; custodial sentence reduced from 3 years to 2 years imprisonment.
Orders
- The sentence of the applicant is revised to 2 years imprisonment.
- The sentence shall run from the date the applicant was sentenced by the trial court on March 29, 2023.
Full Case Text
Judgment text and source record
22 paragraphs
Aloo v Republic (Criminal Revision E007 of 2023) [2023] KEHC 21105 (KLR) (27 July 2023) (Ruling)
Neutral citation: [2023] KEHC 21105 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Revision E007 of 2023
DO Ogembo, J
July 27, 2023
Between
Denis Aloo
Applicant
and
Republic
Respondent
Ruling
1. The applicant, Dennis Oloo, has moved this court by way of application for revision filed herein on April 4, 2023. The applicant seeks that this court do review his sentence and give him an option of a fine or a non-custodial sentence. He had been sentence to serve 3 years imprisonment for the offence of assault causing actual bodily harm contrary to section 251 of the Penal Code.
2. He has pleaded that he is 60 years old and a sole breadwinner of his family of 2 wives and 11 children.
3. Prior to the court passing the sentence on the applicant, the court obtained a Probation Officer’s Presentence report. The same was negative with a recommendation that the applicant be kept away from the community for him to go through rehabilitation process. The said report captured in detail, the violent nature of the applicant.
4. Section 354 (3)(ii) of the Criminal Procedure Code, declares the powers of this court on revision to include;…..alter the finding, maintaining the sentence, or without altering the finding, reduce or increase the sentence..”
5. The facts and circumstances of this case and the information contained in the Presentence Report, this court has no doubt as to the fact that the applicant deserves a custodial sentence. However, I find the sentence meted out of 3 years’ imprisonment rather excessive in the circumstances.
6. I accordingly revise the sentence of the applicant herein and reduce the same. The applicant is sentenced to serve 2 years imprisonment.
7. This sentence shall run from the date applicant was sentenced by the trial court on March 29, 2023. Right of Appeal explained to applicant.
Dated, signed and Delivered at Siaya this 27thDay of July, 2023D.O. OGEMBOJUDGE27. 7. 2023Court:Ruling read out in Open court in the presence of the accused/applicant and Ms. Mumu for the State.D.O. OGEMBOJUDGE27. 7.2023