[2018] KEHC 2900 (KLR)
The court found the probation officer's report credible, noting that the applicant was not well known in his community, had lied about his home particulars, and was considered a social misfit by local administration. The report advised against a non-custodial sentence, recommending prison rehabilitation. The court...
Source-derived case information.
- Citation
- [2018] KEHC 2900 (KLR)
- Parties
- Applicant: Christopher Oduor Ogunda; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 152 of 2018
- Procedural Posture
- Criminal Revision / Ruling on Revision of Sentence
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Sentence Revision, House Breaking, Stealing, Probation Reports
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Christopher Oduor Ogunda
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Revision of Sentence
Legal Issues
- 1 Whether the sentence imposed on the applicant for house breaking and stealing should be revised.
- 2 Whether the applicant is suitable for a non-custodial sentence based on the probation officer's report.
Ratio Decidendi
The court found the probation officer's report credible, noting that the applicant was not well known in his community, had lied about his home particulars, and was considered a social misfit by local administration. The report advised against a non-custodial sentence, recommending prison rehabilitation. The court held that there was no sufficient basis to revise the sentence, as the applicant's background and conduct did not warrant leniency or a non-custodial option. The application for revision was therefore dismissed, and the original custodial sentence was upheld.
Court Disposition
application dismissed
Orders
- The application for revision of sentence is dismissed.
- The convict Christopher Oduor Ogunda to serve full prison sentence of 15 months for housebreaking and stealing.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
HC. CR. REV. NO. 152 OF 2018
(CORAM: R. E. ABURILI - J.)
CHRISTOPHER ODUOR OGUNDA..........................................APPLICANT
VERSUS
REPUBLIC................................................................................RESPONDENT
(Being an appeal against the sentence dated 30. 05. 2018 in Criminal Case No. 341 of 2018 in UKWALA Law Court before Hon. G. Adhiambo - SRM)
RULING ON REVISION OF SENTENCE
I have considered the application for revision of sentence dated 5/9/2018. The Convict/Applicant Christopher Oduor Ogunda was vide Ukwala SRM Cr. Case No. 341 of 2018 convicted and sentenced to serve 15 months imprisonment for the offence of house breaking and stealing contrary to Section 304(1) and 279 of the Penal Code.
He is a young man aged only 23 years and left school in Form 2. He is single from a relatively poor family, according to the Probation Officer’s Report dated 12/10/2018 signed by Rhoda Wanyonyi, Probation Officer. He is not very well known in the village. He lied to the Probation Officer of his home whereabouts/particulars. The local administration finds him a social misfit who should be in prison because he is cunning and untrustworthy.
The Probation Officer advises this court not to give him favourable terms on review of sentence as his home environment is not conducive to rehabilitate. That the convict would benefit from prison rehabilitation.
For the above reasons, I find the Probation Officer’s report credible. The convict requires to reform from prison before he can be considered for a non-custodial sentence.
Accordingly, the Convict/Applicant’s application for revision of sentence lacks substance. The same is hereby dismissed. The convict Christopher Oduor Ogunda to serve full prison sentence of 15 months for housebreaking and stealing.
Dated, Signed and Delivered at SIAYA this 15th Day of October 2018.
R.E. ABURILI
JUDGE
In the presence of:
Mr. Okach: Prosecution Counsel for the State
Christoper Oduor Ogunda: Applicant in person (present)
Court Assistant: Brenda, Modestar