[2023] KEHC 27482 (KLR)
The court found that the sentence review report prepared by the Probation Officer was unfavourable to the applicant and did not recommend a community service order. In the absence of a favourable report and justification for altering the original sentence, the court declined to revise the custodial sentence. The...
Source-derived case information.
- Citation
- [2023] KEHC 27482 (KLR)
- Parties
- Applicant: Denis Omondi Steve Biko; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E046 of 2023
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Application for sentence revision dismissed. Applicant to continue serving custodial sentence.
- Judges
- MS Shariff
- Legal Topics
- Assault, Sentencing Review, Community Service Order
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Denis Omondi Steve Biko
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant's sentence should be revised and substituted with a community service order.
- 2 Whether the sentence review report supports the applicant's request for a non-custodial sentence.
Ratio Decidendi
The court found that the sentence review report prepared by the Probation Officer was unfavourable to the applicant and did not recommend a community service order. In the absence of a favourable report and justification for altering the original sentence, the court declined to revise the custodial sentence. The applicant was therefore ordered to continue serving the original sentence of 18 months imprisonment for assault causing actual bodily harm.
Court Disposition
Application for sentence revision dismissed. Applicant to continue serving custodial sentence.
Orders
- The applicant shall continue serving his sentence in custody.
- File closed.
Full Case Text
Judgment text and source record
18 paragraphs
Biko v Republic (Criminal Revision E046 of 2023) [2023] KEHC 27482 (KLR) (19 October 2023) (Ruling)
Neutral citation: [2023] KEHC 27482 (KLR)
Republic of Kenya
In the High Court at Kisumu
Criminal Revision E046 of 2023
MS Shariff, J
October 19, 2023
Between
Denis Omondi Steve Biko
Applicant
and
Republic
Respondent
Ruling
1. The Applicant Denis Omondi Steve Biko was charged and convicted of the offence of assault causing actual bodily harm contrary to Section 251 of the Penal Code in Kisumu CM’s Cr. Case No. E178 of 2021. He was sentenced on 16th November, 2022 to imprisonment for a period of 18 months. He now applies for review of his sentence under the provisions of the Community Service Order.
2. I have perused the sentence review report dated 15th August, 2023 by Probation Officer, Kisumu and I find that the same is unfavourable to the Applicant. I thus order that the Applicant continues serving his sentence in custody.
4. File closed.
DELIVERED, SIGNED AND DATED AT KISUMU THIS 19THDAY OF OCTOBER, 2023. MWANAISHA S. SHARIFFJUDGE