[2024] KEHC 10040 (KLR)
The court found that the applicant had not demonstrated any sufficient grounds to warrant review of the sentence imposed after conviction on his own plea of guilty. The pre-sentence report indicated a pattern of criminal behaviour, gambling addiction, and negative community perception, with the applicant's own...
Source-derived case information.
- Citation
- [2024] KEHC 10040 (KLR)
- Parties
- Applicant: Evans Odhiambo Awino; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Application E110 of 2024
- Procedural Posture
- Criminal Application / Sentence Review Ruling
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Sentence Review, Plea of Guilty, Mitigation, Rehabilitation, Recidivism
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Evans Odhiambo Awino
Applicant
Republic
Respondent
Procedural Posture
Criminal Application / Sentence Review Ruling
Legal Issues
- 1 Whether the applicant has demonstrated sufficient grounds for review of the sentence imposed after conviction on plea of guilty.
- 2 Whether the applicant's claimed reformation and circumstances warrant a reduction or alteration of the custodial sentence.
Ratio Decidendi
The court found that the applicant had not demonstrated any sufficient grounds to warrant review of the sentence imposed after conviction on his own plea of guilty. The pre-sentence report indicated a pattern of criminal behaviour, gambling addiction, and negative community perception, with the applicant's own family and community regarding him as a menace. The court determined that only a custodial sentence could serve the dual purposes of rehabilitation and protection of the public. The application for sentence review was therefore dismissed as unmerited.
Court Disposition
application dismissed
Orders
- The application for sentence review is dismissed.
- This file is closed.
Full Case Text
Judgment text and source record
21 paragraphs
Awino v Republic (Criminal Application E110 of 2024) [2024] KEHC 10040 (KLR) (12 August 2024) (Ruling)
Neutral citation: [2024] KEHC 10040 (KLR)
Republic of Kenya
In the High Court at Kisumu
Criminal Application E110 of 2024
RE Aburili, J
August 12, 2024
Between
Evans Odhiambo Awino
Applicant
and
Republic
Respondent
(From the original conviction and sentence in Nyando SPM Criminal Case No. E474 of 2024 by Hon J.Wekesa, SPM on 11/7/2024)
Ruling
1. The applicant was convicted on his own plea of guilty for the offence of breaking into a building and committing a felony. After mitigations and consideration of a presentence report filed by the probation officer, the Court sentenced him to serve four years imprisonment. He now applies for review of the said sentence on account that he has learnt his lessons and reformed. The property stolen was a gambling machine which he had betted on, lost all his money then he stole it and remove all the money that was inside.
2. The probation officer’s pre-sentencing report shows that the convict was addicted to gambling and perhaps this was his turning point since his family reported that he was a menace and that he even risks being lynched by the community because of his criminal tendencies of stealing people’s properties. He even dropped out of secondary school because of truancy. In the premises, only prison can rehabilitate and make the convict reform.
3. I find the application for sentence review not merited. It is hereby dismissed.
4. Signal to issue.
5. This file is closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 12TH DAY OF AUGUST, 2024R. E. ABURILIJUDGE