[2018] KEHC 4682 (KLR)
The court found that the applicant, despite his advanced age, has a history of violence, poor social relationships, and is not wanted by his community or family. The probation report was unfavourable, and the victim expressed fear for her life if the applicant were released. The court determined that releasing the...
Source-derived case information.
- Citation
- [2018] KEHC 4682 (KLR)
- Parties
- Applicant: Charles Ombok Nduta; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 133 of 2018
- Procedural Posture
- Criminal Revision / Ruling on Application for Sentence Revision
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Sentence Revision, Grievous Harm, Non Custodial Sentence, Probation Report
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Charles Ombok Nduta
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Sentence Revision
Legal Issues
- 1 Whether the applicant is entitled to a revision of his custodial sentence to a non-custodial sentence.
- 2 Whether the applicant's personal circumstances and the probation report justify a reduction or alteration of sentence.
Ratio Decidendi
The court found that the applicant, despite his advanced age, has a history of violence, poor social relationships, and is not wanted by his community or family. The probation report was unfavourable, and the victim expressed fear for her life if the applicant were released. The court determined that releasing the applicant to serve a non-custodial sentence would pose a risk to the victim and the community. Therefore, there were no compelling reasons to revise the custodial sentence, and the application for sentence revision was dismissed.
Court Disposition
application dismissed
Orders
- The application for revision of sentence is dismissed.
- The convict to serve the full prison sentence as imposed by the trial court.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
HC CR. REV. NO. 133 OF 2018
(CORAM: R. E. ABURILI - J.)
CHARLES MBOK NDUTA.................APPLICANT
VERSUS
REPUBLIC........................................RESPONDENT
RULING ON REVISION
The Convict/Applicant, Charles Ombok Nduta was convicted of the offence of grievous harm and sentenced to serve 7years on 04/03/2015 by H. Wandera, PM, vide Siaya PMCr. Case No 843/2013. He has served almost 3½years and has about 3½years to complete sentence.
He never challenged the conviction and sentence. He is due to end his sentence on 04/03/2021. He now seeks review of his sentence to non-custodial sentence.
I have considered the evidence on record leading to his conviction and circumstances leading to the commission of the offence, the victim of the offence. I have also seen the Probation Officer’s report dated and signed by Odumba David on 19/7/2018. The report is not favourable to the convict whose social relationship at home is poor and that he is not wanted at home. He is popularly known to be a violent person who could not live with his wife with whom they divorced and she later died. His hobby was to relax and consume busaa in dens. He has one son. The victim is a widow and lived or cohabited with the convict who inflicted on her grievous harm. She fears that if released, the convict will kill her. The convict is said to have killed someone prior to this case but was discharged by the court due to lack of evidence. The community is not ready to receive him, albeit he is 80 years old.
In my view, the Applicant deserves prison sentence to be kept away from society due to his extreme violent character, despite his advanced age. He will be an unnecessary burden to the community with his violent stunts if he is released to serve a non-custodial sentence. Furthermore, he appealed vide Siaya HCCRA 50/2015 whose outcome is unknown.
The victim sustained very serious injuries as a result of the merciless assault and is still fearful of the convict. I am not persuaded that the Applicant deserves revision of sentence.
I dismiss the Application for revision. The convict to secure his full prison sentence as meted out by the trial court.
Dated, Signed and Delivered at SIAYA this 31ST DAY OF JULY 2018.
R.E. ABURILI
JUDGE