[2024] KEHC 9956 (KLR)
The court declined to review the applicant's sentence to community service orders because the applicant had a pending criminal case before another court, which he failed to disclose, and the stolen items were never recovered. These factors, in the court's view, rendered the applicant unsuitable for a non-custodial...
Source-derived case information.
- Citation
- [2024] KEHC 9956 (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 / Ruling on Application for Review of Sentence
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Sentence Review, Community Service Orders, Prison Decongestion, Plea of Guilty
- 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 / Ruling on Application for Review of Sentence
Legal Issues
- 1 Whether the applicant is entitled to a review of sentence from imprisonment to community service orders.
- 2 Whether the existence of a pending criminal case and non-recovery of stolen items precludes the grant of community service orders.
Ratio Decidendi
The court declined to review the applicant's sentence to community service orders because the applicant had a pending criminal case before another court, which he failed to disclose, and the stolen items were never recovered. These factors, in the court's view, rendered the applicant unsuitable for a non-custodial sentence, and thus the application for sentence review was dismissed.
Court Disposition
application dismissed
Orders
- The application for review of sentence to community service orders is declined and dismissed.
- This file is closed.
Full Case Text
Judgment text and source record
23 paragraphs
Awino v Republic (Criminal Application E110 of 2024) [2024] KEHC 9956 (KLR) (12 August 2024) (Ruling)
Neutral citation: [2024] KEHC 9956 (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. E531 of 2023 by Hon L.Kiniale, SPM on 25/10/2023)
Ruling
1. The applicant is a convict in Nyando SPM Cr Case No 531 of 2023. He was sentenced to serve two years imprisonment
2. On his own plea of guilty for the offence of stealing contrary to section 268 of the Penal Code. However, as at the time of such conviction, he had another pending case before Winam Law Courts.
3. He now applies to this court to consider reviewing his sentence and imposing community service orders in the spirit of prison decongestion.
4. As the convict has another criminal case pending before a different court which he has not disclosed in his application and the stolen items were never recovered, I find no reason to order for community service orders.
5. The application is declined and dismissed.
6. Signal to issue.
7. This file is closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 12TH DAY OF AUGUST, 2024R. E. ABURILIJUDGE