[2023] KEHC 2469 (KLR)
The court found no merit in revising the applicant's sentence because the circumstances had not changed since the original sentencing. The Probation Officer's report indicated that the applicant had no community ties, making it impossible to supervise him outside prison. As a result, the request for a non-custodial...
Source-derived case information.
- Citation
- [2023] KEHC 2469 (KLR)
- Parties
- Applicant: Jackton Omusinde Buluku; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E099 of 2022
- Procedural Posture
- Criminal Revision / Ruling on Sentence Review
- Outcome
- sentence review request dismissed; file closed
- Judges
- RE Aburili
- Legal Topics
- Sentence Revision, Preparation to Commit Felony, Prison Decongestion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jackton Omusinde Buluku
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Review
Legal Issues
- 1 Whether the applicant is entitled to a revision of sentence for the offence of preparation to commit a felony.
- 2 Whether the lack of community ties justifies denial of a non-custodial sentence.
Ratio Decidendi
The court found no merit in revising the applicant's sentence because the circumstances had not changed since the original sentencing. The Probation Officer's report indicated that the applicant had no community ties, making it impossible to supervise him outside prison. As a result, the request for a non-custodial sentence was not recommended, and the custodial sentence of three years for preparation to commit a felony was upheld. The court exercised its discretion to dismiss the sentence review request and closed the file.
Court Disposition
sentence review request dismissed; file closed
Orders
- The sentence review request is dismissed.
- The file is closed.
Full Case Text
Judgment text and source record
22 paragraphs
Buluku v Republic (Criminal Revision E099 of 2022) [2023] KEHC 2469 (KLR) (23 March 2023) (Ruling)
Neutral citation: [2023] KEHC 2469 (KLR)
Republic of Kenya
In the High Court at Kisumu
Criminal Revision E099 of 2022
RE Aburili, J
March 23, 2023
Between
Jackton Omusinde Buluku
Applicant
and
Republic
Respondent
(From the original conviction and sentence in Criminal Case No E432 of 2022 in the Chief Magistrate’s Court at Kisumu delivered on 12th October 2022)
Ruling
1. This matter was placed before the Judge on December 21, 2022 for Prison decongestion.
2. The Probation Officer filed a Sentence Review Report on December 21, 2022 disrecommending non-custodial sentence as the convict Jackton Omusinde Buluku was said to have no community ties hence it would be impossible to supervise him out of prison.
3. He was sentenced to serve three (3) years imprisonment for the offence of preparation to commit a felony.
4. As the situation has not changed, I find no merit in revision of sentence.
5. The sentence review request is dismissed.
6. The file is closed.
Dated, Signed and Delivered at Kisumu this 23rd Day of March, 2023R. E. ABURILIJUDGE