[2021] KEHC 5463 (KLR)
The court found no sufficient grounds to revise the sentence imposed on the applicant for the offence of stealing. The probation officer's report indicated that the applicant posed a peace and security risk to the community and did not recommend a non-custodial sentence. The court, therefore, declined to interfere...
Source-derived case information.
- Citation
- [2021] KEHC 5463 (KLR)
- Parties
- Applicant: Austine Odiwuor Okumu; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E073 of 2021
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Sentence
- Outcome
- application for revision of sentence dismissed
- Judges
- RE Aburili
- Legal Topics
- Sentence Revision, Stealing Offence, Probation Report, Non Custodial Sentence, Community Risk Assessment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Austine Odiwuor Okumu
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Whether the applicant is entitled to a revision of sentence imposed for the offence of stealing.
- 2 Whether the probation officer's recommendation against a non-custodial sentence should be upheld.
Ratio Decidendi
The court found no sufficient grounds to revise the sentence imposed on the applicant for the offence of stealing. The probation officer's report indicated that the applicant posed a peace and security risk to the community and did not recommend a non-custodial sentence. The court, therefore, declined to interfere with the custodial sentence, emphasizing the importance of community safety and the weight accorded to probation assessments in sentencing decisions.
Court Disposition
application for revision of sentence dismissed
Orders
- The request for sentence revision is declined.
- The convict to serve and complete the sentence.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
CRIMINAL REVISION NO. E073 OF 2021
CORAM: R.E. ABURILI, J
AUSTINE ODIWUOR OKUMU........................................................APPLICANT
VERSUS
REPUBLIC.......................................................................................RESPONDENT
(Being an Application for Revision of sentence in Ukwala Principal Magistrate Court’s Criminal Case No. 253 of 2015 on 2/7/2019)
RULING
1. The applicant Austine Odiwuor Okumu was convicted by Ukwala Senior Resident Magistrate for the offence of stealing and sentenced to serve one year and ten months imprisonment on 2/7/2019.
2. The Probation Officer Mr. Cornel Kirui who interviewed him and the community does not recommend for non-custodial sentence as the convict is viewed to be a peace and security risk in the community.
3. I decline the request for sentence revision and dismiss it. The convict to serve and complete sentence.
4. File closed.
5. Orders accordingly.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 25TH DAY OF JUNE, 2021
R.E. ABURILI
JUDGE