[2020] KEHC 7153 (KLR)
The court found that the applicants, having been convicted of stealing and described as habitual offenders in the probation officer's reports, were lawfully and leniently sentenced to one year imprisonment. The court held that there was no legal or factual basis to revise the sentences, as the applicants' criminal...
Source-derived case information.
- Citation
- [2020] KEHC 7153 (KLR)
- Parties
- Applicant: Collince Omondi Onyango; Applicant: Kevin Omondi Owino; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 23 of 2020
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Sentence
- Outcome
- Application for revision of sentence declined; applicants to serve full sentences.
- Judges
- RE Aburili
- Legal Topics
- Sentencing, Habitual Offender, Probation Reports, Prison Decongestion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Collince Omondi Onyango
Applicant
Kevin Omondi Owino
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Whether the sentences imposed on the applicants for the offence of stealing should be revised.
- 2 Whether the applicants are suitable candidates for prison decongestion measures.
Ratio Decidendi
The court found that the applicants, having been convicted of stealing and described as habitual offenders in the probation officer's reports, were lawfully and leniently sentenced to one year imprisonment. The court held that there was no legal or factual basis to revise the sentences, as the applicants' criminal history and negative social behavior made them unsuitable for non-custodial measures or prison decongestion. The sentences were deemed appropriate for their rehabilitation and deterrence, and the application for revision was declined.
Court Disposition
Application for revision of sentence declined; applicants to serve full sentences.
Orders
- The request to revise the sentences of Collince Omondi Onyango and Kevin Omondi Owino is declined.
- The applicants shall remain in prison and serve their full sentences.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
CRIMINAL REVISION NO. 23 OF 2020
(CORAM: R. E. ABURILI - J.)
COLLINCE OMONDI ONYANGO...........................1ST APPLICANT
KEVIN OMONDI OWINO.......................................2ND APPLICANT
VERSUS
REPUBLIC..................................................................RESPONDENT
(Being an Application for revision of sentence vide Principal Magistrate’s Court, Siaya Criminal Case No. 1065 of 2019 dated 22. 11. 2019 before Hon. M. Mwangi, Resident Magistrate)
RULING
1. The Pre-sentence Probation Officer’s reports filed by Ochieng Ogolla on 18/11/2019 reports clearly shows that the convicts herein COLLINCE OMONDI ONYANGO and KEVIN OMONDI OWINO who were handed one year imprisonment each for the offence of stealing contrary to Section 275 of the Penal Code, are habitual offenders who pride in thievery. They are indolent members of the society who derive pleasure in taking alcohol and stealing from others to satisfy their needs. Such behavior must be discouraged by placing the convicts behind bars to learn some life’s lessons and to be rehabilitated and to reform. The convicts are still young and must be helped to avoid anti-social behavior.
2. One year imprisonment for stealing is lenient and lawful. I find no reason to revise the sentences imposed in view of the convict’s propensity to steal from others as per the Probation Officer’s reports.
3. I therefore find that the convicts herein are not suitable to benefit from the long anticipated prison decongestion. I decline the request to revise their respective sentences and order that the convicts Collince Omondi Onyango and Kevin Omondi Owino shall remain in prison and serve full sentences to be rehabilitated and reformed through life’s skills training in the Prisons Industries.
4. Orders accordingly.
Dated, signed and delivered at Siaya, this 19th Day of March 2020.
R.E. ABURILI
JUDGE