[2023] KEHC 23936 (KLR)
The court declined to revise the sentence because the applicant had not demonstrated any illegality, impropriety, or excessiveness in the sentence imposed by the trial court. The applicant's personal circumstances, including lack of remorse, history of escape from rehabilitation, inability to be supervised on a...
Source-derived case information.
- Citation
- [2023] KEHC 23936 (KLR)
- Parties
- Applicant: Moses Wekesa Boyi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E076 of 2023
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Sentence
- Outcome
- application for revision of sentence declined; original sentence upheld
- Judges
- RE Aburili
- Legal Topics
- Sentencing Revision, Preparation to Commit Felony, Probation Reports, Non Custodial Sentences, Rehabilitation, Penal Code Section 308
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Moses Wekesa Boyi
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Whether the applicant's sentence should be revised to a non-custodial sentence.
- 2 Whether the circumstances of the applicant justify interference with the original sentence imposed by the trial court.
Ratio Decidendi
The court declined to revise the sentence because the applicant had not demonstrated any illegality, impropriety, or excessiveness in the sentence imposed by the trial court. The applicant's personal circumstances, including lack of remorse, history of escape from rehabilitation, inability to be supervised on a non-custodial sentence, and negative community perception, made him unsuitable for a non-custodial sentence. The court found that the custodial sentence was appropriate for rehabilitation and public safety, and thus ordered the applicant to serve the full prison term as imposed.
Court Disposition
application for revision of sentence declined; original sentence upheld
Orders
- The application for revision is declined.
- The applicant shall serve the full prison term imposed.
Full Case Text
Judgment text and source record
23 paragraphs
Boyi v Republic (Criminal Revision E076 of 2023) [2023] KEHC 23936 (KLR) (6 October 2023) (Ruling)
Neutral citation: [2023] KEHC 23936 (KLR)
Republic of Kenya
In the High Court at Kisumu
Criminal Revision E076 of 2023
RE Aburili, J
October 6, 2023
Between
Moses Wekesa Boyi
Applicant
and
Republic
Respondent
(From the original conviction and sentence in Chief Magistrate Criminal Case No. E602 of 2022 at Kisumu)
Ruling
1. Moses Wekesa Boyi is a convict in Kisumu Chief Magistrate Criminal Case No E602 of 2022 where he was sentenced to serve two (2) years imprisonment on May 5, 2023 for the offence of preparation to commit a felony contrary to Section 308(1) of the Penal Code.
2. He denied the offence and the case proceeded to full trial. The convict is 22 years old. As at now, he has served five (5) months in prison and he was in remand for a period of nine (9) months prior to the conviction and sentencing hence he has been in prison for 14 months of the two (2) years prison term.
3. He hails from Bungoma County where he dropped out of school in class six and went to Kisumu to do casual jobs. He takes alcohol and engages in criminal activities. He was once committed to Likoni Rehabilitation School but he escaped. He relates with peers of questionable character. He has weak family ties having left his home to join street life in Kisumu. He is not remorseful and neither does he realise the seriousness of the offence. That he is sly and the community is against his being released early.
4. From the above report of the Probation Officer, the convict lives in the street of Kisumu having left his home in Bungoma which is over 100km away. It is impossible to supervise him on non-custodial sentence since he escaped from Likoni Rehabilitation School where he had been committed for rehabilitation upon committing crimes in Kisumu.
5. Accordingly, I decline to revise the lawful sentence imposed and order that the convict Moses Wekesa Boyi serves full prison term imposed on him to be rehabilitated in prison where he can learn life skills to enable him live a meaningful independent and productive life.
6. I so order
7. This file is closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 6THDAY OF OCTOBER, 2023. R. E. ABURILIJUDGE