[2023] KEHC 2295 (KLR)
The court exercised its revisionary jurisdiction to review the sentence imposed on the applicant for the offence of stealing. Considering the circumstances and the absence of any pending proceedings, the court found it appropriate to substitute the custodial sentence with a probation order, placing the applicant on...
Source-derived case information.
- Citation
- [2023] KEHC 2295 (KLR)
- Parties
- Applicant: Sharon Anyango; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E091 of 2022
- Procedural Posture
- Criminal Revision / Ruling on Sentence Review and Closure
- Outcome
- Application for revision allowed; applicant placed on probation; file closed.
- Judges
- RE Aburili
- Legal Topics
- Sentence Review, Probation Orders, Stealing Offence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Sharon Anyango
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Review and Closure
Legal Issues
- 1 Whether the applicant's sentence should be reviewed and substituted with probation.
- 2 Whether there are any pending proceedings before the court.
Ratio Decidendi
The court exercised its revisionary jurisdiction to review the sentence imposed on the applicant for the offence of stealing. Considering the circumstances and the absence of any pending proceedings, the court found it appropriate to substitute the custodial sentence with a probation order, placing the applicant on probation until 8th September 2023. The matter having been concluded, the file was ordered closed.
Court Disposition
Application for revision allowed; applicant placed on probation; file closed.
Orders
- Applicant placed on probation until 8th September 2023.
- File closed as there are no other proceedings pending.
Full Case Text
Judgment text and source record
20 paragraphs
Anyango v Republic (Criminal Revision E091 of 2022) [2023] KEHC 2295 (KLR) (23 March 2023) (Ruling)
Neutral citation: [2023] KEHC 2295 (KLR)
Republic of Kenya
In the High Court at Kisumu
Criminal Revision E091 of 2022
RE Aburili, J
March 23, 2023
Between
Sharon Anyango
Applicant
and
Republic
Respondent
(From the original conviction and sentence in Criminal Case No E394 of 2022 in the Chief Magistrate’s Court at Kisumu delivered on 21st July 2022))
Ruling
1. The Convict Sharon Anyango was convicted and fined Kshs 250,000/= in default to serve two (2) years imprisonment for the offence of stealing. The sentence was passed on 21st July 2022.
2. On 21st December 2022, this Court reviewed her sentence and placed her on probation until 8th September 2023.
3. As there is no other proceeding pending before this court, this file is hereby closed.
4. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 23RD DAY OF MARCH, 2023R. E. ABURILIJUDGE