[2022] KEHC 16625 (KLR)
The court declined to revise the sentence imposed on the applicant for stealing, finding that the presentence report described the applicant as unsuitable for a non-custodial sentence due to his criminal behaviour and threats to his parents. The applicant had also demolished and sold his own house, leaving him with...
Source-derived case information.
- Citation
- [2022] KEHC 16625 (KLR)
- Parties
- Applicant: Elphas Ouma Apome; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E136 of 2022
- Procedural Posture
- Criminal Revision / Ruling on Application for Sentence Revision
- Outcome
- application for sentence revision declined
- Judges
- RE Aburili
- Legal Topics
- Sentence Revision, Stealing Offence, Penal Code Section 275
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Elphas Ouma Apome
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Sentence Revision
Legal Issues
- 1 Whether the sentence imposed on the applicant for stealing contrary to section 275 of the Penal Code should be revised.
Ratio Decidendi
The court declined to revise the sentence imposed on the applicant for stealing, finding that the presentence report described the applicant as unsuitable for a non-custodial sentence due to his criminal behaviour and threats to his parents. The applicant had also demolished and sold his own house, leaving him with nowhere to stay. The court found no basis to interfere with the sentence imposed by the trial court and closed the file.
Court Disposition
application for sentence revision declined
Orders
- The application for sentence revision is declined.
- File closed.
Full Case Text
Judgment text and source record
19 paragraphs
Apome v Republic (Criminal Revision E136 of 2022) [2022] KEHC 16625 (KLR) (21 December 2022) (Ruling)
Neutral citation: [2022] KEHC 16625 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Revision E136 of 2022
RE Aburili, J
December 21, 2022
Between
Elphas Ouma Apome
Applicant
and
Republic
Respondent
(Being an Application for sentence revision in Bondo PM’s Criminal Case No. E276 of 2022 delivered by Hon. S.W. Mathenge, Senior Resident Magistrate on 3. 6.2022)
Ruling
1. The presentence report on the convict Elphas Ouma Apome paints as unsuitable for non-custodial sentence due to his criminal behaviour and his victim mainly are his own parents who he threatens. He demolished and sold his own house hence he has nowhere to stay.
2. I decline to revise the sentence imposed for stealing contrary to section 275 of the Penal Code.
3. File closed.
DATED, SIGNED AND DELIVERED AT SIAYA, THIS 21ST DAY OF DECEMBER, 2022R.E. ABURILIJUDGE