[2004] KEHC 525 (KLR)
The court found that the applicant had a history of criminal conduct, as evidenced by the probation report and his previous involvement in crime, including a recent charge of stealing from his father. The trial magistrate considered these factors and properly exercised discretion in sentencing the applicant to 6...
Source-derived case information.
- Citation
- [2004] KEHC 525 (KLR)
- Parties
- Applicant: Cliff Kibagendi Mogeni; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- ? 8 of 2004
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- application dismissed
- Legal Topics
- Sentencing Review, Stealing Offence, Probation Report, Recidivism
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Cliff Kibagendi Mogeni
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the sentence of 6 months imprisonment for the offence of stealing should be reviewed.
- 2 Whether the applicant's criminal history and probation report justify the sentence imposed.
Ratio Decidendi
The court found that the applicant had a history of criminal conduct, as evidenced by the probation report and his previous involvement in crime, including a recent charge of stealing from his father. The trial magistrate considered these factors and properly exercised discretion in sentencing the applicant to 6 months imprisonment. There was no basis to interfere with the sentence, as it was neither excessive nor based on a wrong principle. The application for revision was therefore dismissed.
Court Disposition
application dismissed
Orders
- The application for review of sentence is dismissed.
- The sentence of 6 months imprisonment stands.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KISII
CRIMINAL REVISION NO. 8 OF 2004
(From original conviction and sentence of the RM’s court at Keroka in criminal
case
No.836 of 2004)
CLIFF KIBAGENDI MOGENI ………………………………………… APPLICANT
VERSUS
REPUBLIC …………………………………………………………… RESPONDENT
RULING:
The applicant asks court to review sentence of 6 months imprisonment meted out to him for the offence of stealing c/s 275 Penal Code. He pleaded guilty and was sentenced to 6 months imprisonment.
Before sentencing the learned magistrate asked for a probation report, which was presented to him. The report for the applicant was not favourable. He is said to have lived a life of crime. He dropped from school in std.5 due to involment in crime. He later was committed to Borstal Institution at Shikusa.
In July this year he was charged of stealing his father’s iron sheet. The magistrate was right in sentencing him to 6 months imprisonment. His record is no good.
I therefore decline to review the sentence and dismiss his application.Dated at Kisii this 18th November 2004.
KABURU BAUNI JUDGE 18/11/04