[2004] KEHC 752 (KLR)
The court found that the applicant's criminal history, as detailed in the probation report, demonstrated a pattern of recidivism and a lack of rehabilitation. The applicant had previously been involved in criminal activities from a young age, had dropped out of school due to crime, and had been committed to a...
Source-derived case information.
- Citation
- [2004] KEHC 752 (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 on Application for Review of Sentence
- 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 on Application for Review of Sentence
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 the probation report justify the sentence imposed.
Ratio Decidendi
The court found that the applicant's criminal history, as detailed in the probation report, demonstrated a pattern of recidivism and a lack of rehabilitation. The applicant had previously been involved in criminal activities from a young age, had dropped out of school due to crime, and had been committed to a Borstal institution. The most recent offence involved stealing from his own father. The magistrate considered the probation report, which was unfavorable, and exercised proper discretion in sentencing the applicant to 6 months imprisonment. There was no error in principle or manifest excessiveness in the sentence. Therefore, there were no grounds to interfere with or review the...
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
9 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
JUDGE18/11/04