[2021] KEHC 5545 (KLR)
The court found that the sentence imposed by the trial magistrate was lawful and based on a thorough presentence report. The applicant had provided false information regarding his origin, was assessed as likely to abscond, and was not recommended for a non-custodial sentence by the probation officer. There was no...
Source-derived case information.
- Citation
- [2021] KEHC 5545 (KLR)
- Parties
- Applicant: Cosmas Onyango Odhiambo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E030 of 2021
- Procedural Posture
- Criminal Revision / Ruling on Application for Sentence Revision
- Outcome
- application for sentence revision dismissed
- Judges
- RE Aburili
- Legal Topics
- Sentence Revision, Housebreaking, Felony Conviction, Penal Code Section 322, Non Custodial Sentence, Probation Report
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Cosmas Onyango Odhiambo
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Sentence Revision
Legal Issues
- 1 Whether the sentence imposed on the applicant was lawful and warranted revision.
- 2 Whether the applicant was eligible for a non-custodial sentence based on the probation report.
Ratio Decidendi
The court found that the sentence imposed by the trial magistrate was lawful and based on a thorough presentence report. The applicant had provided false information regarding his origin, was assessed as likely to abscond, and was not recommended for a non-custodial sentence by the probation officer. There was no irregularity or illegality in the conviction or sentence. Therefore, there was no basis for revision, and the application was dismissed.
Court Disposition
application for sentence revision dismissed
Orders
- The request for sentence revision is declined and dismissed.
- The convict to serve the sentence lawfully imposed.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
CRIMINAL REVISION CASE NO. E030 OF 2021
COSMOS ONYANGO ODHIAMBO....................................................APPLICANT
VERSUS
REPUBLIC............................................................................................RESPONDENT
(Application for sentence revision in Bondo Principal Magistrate’s Court Criminal Case No 119 of 2020 delivered on 22/5/2020 by Hon J.P.Nandi, principal Magistrate)
RULING
1. The convict Cosmas Onyango Odhiambo was convicted for the offence of Housebreaking and committing a felony contrary to Section 322(2) of the Penal Code after he pleaded guilty to the charge before Hon. Nandi, Principal Magistrate, Bondo Law Courts. He was sentenced to serve two (2) years Imprisonment on 22. 5.2020. He has not appealed.
2. The sentence was lawful and informed by presentence Report dated 28. 3.2020. From that report, the offender gave false particulars of his origin during the interview claiming he was from Ndigwa Sub-Location, Luta Location, Rarieda Sub-County, to the contrary. He is a stranger to the locale that he provided the probation officer with. Although he claims to be remorseful, a non-custodial sentence is unsuitable as he is most likely to abscond. He is a young man aged 20 years old but very deceptive. I decline to revise the lawful sentence imposed by the trial magistrate. The Convict to serve the sentence lawfully imposed. There is no irregularity in the proceedings leading to his Conviction and Sentence. The Probation Officer’s Report filed in court on 11. 6.2021 does not recommend for a non-custodial Community Service Order sentence. The request for sentence Revision is therefore declined and dismissed.
3. Orders accordingly.
4. File closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 25TH DAY OF JUNE, 2021
R. E. ABURILI
JUDGE