[2016] KEHC 5495 (KLR)
The court declined to revise the applicant's custodial sentence after considering the probation officer's report, which indicated that the applicant remained embittered towards his family and that the home environment was not conducive for his return. The report further warned of the risk of mob justice if the...
Source-derived case information.
- Citation
- [2016] KEHC 5495 (KLR)
- Parties
- Applicant: Benson Omusila Omusosi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 285 of 2015
- Procedural Posture
- Criminal Revision / Ruling on Revision
- Outcome
- application for revision declined; custodial sentence upheld
- Judges
- AW Mwangi
- Legal Topics
- Sentence Revision, Plea of Guilty, Breach of Peace, Probation Report
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Benson Omusila Omusosi
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Revision
Legal Issues
- 1 Whether the sentence imposed on the applicant should be revised under section 364 of the Criminal Procedure Code.
- 2 Whether the applicant is suitable for a non-custodial sentence in light of the probation report.
Ratio Decidendi
The court declined to revise the applicant's custodial sentence after considering the probation officer's report, which indicated that the applicant remained embittered towards his family and that the home environment was not conducive for his return. The report further warned of the risk of mob justice if the applicant were released to serve a non-custodial sentence. In light of these findings, the court found no justification to interfere with the sentence imposed by the trial court and ordered that the applicant serve the remainder of his sentence in prison.
Court Disposition
application for revision declined; custodial sentence upheld
Orders
- The applicant shall serve the remainder of his sentence in prison.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA.
IN THE HIGH COURT OF KENYA AT KAKAMEGA
CRIMINAL REVISION NO. 285 OF 2015
BENSON OMUSILA OMUSOSI ...................................APPLICANT
VERSUS
REPUBLIC ................................................................RESPONDENT
(Being a Revision from the order of Butere Principal Magistrate's Court Criminal case No.392 of 2015 by Hon. M.I. Shimenga - R.M on 18th September, 2015)
RULING ON REVISION
1. Benson Omusila Omusosi was charged with the offence of creating a disturbance in a manner likely to cause a breach of the peace contrary to section 95(1)(b) of the Penal Code. He pleaded guilty to the charge and was convicted on his own plea of guilty. He was sentenced to serve 18 months imprisonment with effect from 18th September, 2015.
2. The matter was referred to this court for revision of the applicant's sentence in accordance with the provisions of section 364 of the Criminal Procedure Code Cap 75, Laws of Kenya.
3. A Probation Officer's report on record dated 3rd December, 2015 indicates that the applicant is still bitter with his brother and family members whom he claims have caused much pain in his life.
4. The Probation Officer notes that the applicant ought to continue serving his sentence while in custody as the home environment is not conducive to him and he might fall victim to mob justice if given a non-custodial sentence.
5. Having considered the probation report which is not favourable to the applicant, I decline to revise the sentence meted out to him by the trial court.
6. The applicant shall therefore serve the remainder of his sentence in prison.
It is so ordered.
DELIVERED, DATED and SIGNED at KAKAMEGAon this 29th day of April, 2016.
NJOKI MWANGI
JUDGE