[2018] KEHC 4613 (KLR)
The court found no irregularity or impropriety in the conviction or original sentence. However, considering the applicant's youth, first offender status, remorse, and the favourable probation report indicating suitability for rehabilitation, the court exercised its discretion to revise the custodial sentence. The...
Source-derived case information.
- Citation
- [2018] KEHC 4613 (KLR)
- Parties
- Applicant: Benson Omondi Ogutu; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 130 of 2018
- Procedural Posture
- Criminal Revision / Ruling on Revision of Sentence
- Outcome
- application for revision of sentence allowed
- Judges
- RE Aburili
- Legal Topics
- Sentencing Revision, Burglary Offence, Probation Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Benson Omondi Ogutu
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Revision of Sentence
Legal Issues
- 1 Whether the sentence of 2 years imprisonment imposed on the applicant for burglary was irregular or improper.
- 2 Whether the applicant is suitable for a non-custodial sentence based on the probation report.
Ratio Decidendi
The court found no irregularity or impropriety in the conviction or original sentence. However, considering the applicant's youth, first offender status, remorse, and the favourable probation report indicating suitability for rehabilitation, the court exercised its discretion to revise the custodial sentence. The court substituted the 2-year imprisonment with a 6-month probation sentence under close supervision, prioritizing rehabilitation over incarceration for the applicant.
Court Disposition
application for revision of sentence allowed
Orders
- The sentence of 2 years imprisonment is revised and substituted with a non-custodial sentence of 6 months probation under close supervision of the Probation Officer, Siaya County.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
HC CR. REV. NO. 130 OF 2018
(CORAM: R. E. ABURILI - J.)
BENSON OMONDI OGUTU...........APPLICANT
VERSUS
REPUBLIC....................................RESPONDENT
RULING ON REVISION
On 11/5/2018, the Applicant is Benson Omondi Ogutu was convicted on his own plea of guilty for the offence of burglary contrary to Section 304(2) of the Penal Code as read which Section 279(b) of the Penal Code. He was sentenced to serve 2years imprisonment. The exhibits were recovered and returned to the Complaint George Owino Paul. They were valued at Kshs. 50,000/=.
The Applicant never challenged the conviction and sentence. He however, now applies for revision of sentence imposed on him by Hon. T. M. Olando, SRM.
I have examined the record and I see no imprometry or irregularity in the conviction and sentence imposed on the Applicant/Convict.
I have considered the post sentence review report filed by the Probation Officer, Siaya Mr. Odumba David. It is dated 19th July 2018.
The report shows that the applicant convict is a young adult aged 21 years old and a Standard 7 dropout. He got married but his wife left him with 2 children. He was a first offender who bought stolen items from the Complainant’s employee. He is hardworking and is remorseful. He abuses bhang but is asthmatic. His home is conclusive for his rehabilitation.
The Probation Report is favourable for consideration of the Application for a non-custodial sentence as he has leant his lessons in prison.
I note that the Applicant convict is a young person who can work and eke a decent living away from crime, instead of wasting away. He is hereby accorded an opportunity to be rehabilitated, guided and counselled by the Probation Officer.
I revise his sentence of 2years and substitute it with a non-custodial sentence of 6months’ probation sentence under close supervision of the Probation Officer, Siaya County.
Accordingly the application for revision of sentence is allowed.
Dated, Signed and Delivered at SIAYA this 31ST DAY OF JULY 2018.
R.E. ABURILI
JUDGE