[2021] KEHC 5581 (KLR)
The court held that the applicant's sentence of five years' imprisonment for handling stolen goods was lawful and regular, as there was no impropriety or irregularity in the proceedings. The recommendation by the Probation Officer to place the applicant on a community service order could not be acted upon because...
Source-derived case information.
- Citation
- [2021] KEHC 5581 (KLR)
- Parties
- Applicant: Daddy Camulus Otieno; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E034 of 2021
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Sentence
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Sentence Revision, Handling Stolen Goods, Community Service Orders, Prison Decongestion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Daddy Camulus Otieno
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Whether the applicant is entitled to a revision of his five-year imprisonment sentence to a community service order under the prison decongestion exercise.
- 2 Whether the sentence imposed was lawful and regular.
Ratio Decidendi
The court held that the applicant's sentence of five years' imprisonment for handling stolen goods was lawful and regular, as there was no impropriety or irregularity in the proceedings. The recommendation by the Probation Officer to place the applicant on a community service order could not be acted upon because Section 3(1) of the Community Service Orders Act restricts such orders to sentences of three years or less. Since the applicant was sentenced to five years and did not plead guilty or appeal, there was no legal basis for revising the sentence to a community service order. The application for revision was therefore dismissed as devoid of merit.
Court Disposition
application dismissed
Orders
- The application for revision of the five-year imprisonment sentence is dismissed.
- File closed.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
CRIMINAL REVISION NO. E034 OF 2021
CORAM: R.E. ABURILI, J
DADDY CAMULUS OTIENO..............................APPLICANT
VERSUS
REPUBLIC........................................................RESPONDENT
(Being an Application for Revision of sentence in Bondo PM Court’s Criminal Case No. 220 of 2020 on 07. 08. 2020 by Hon. S.W. Mathenge, Resident Magistrate)
RULING ON REVISION
1. The convict/applicant is Daddy Camulus Otieno aged 23 years old. He was charged and convicted for the offence of handling stolen goods. This was after a full trial. He was sentenced to serve five years imprisonment. He has not appealed against conviction or sentence. He has served sentence from 7/8/2020.
2. He now seeks for sentence revision under prison decongestion exercise.
3. I have perused the charge, the proceedings, judgement and sentence imposed.
4. I find no impropriety or irregularity in the proceedings and the sentence imposed is lawful.
5. Although the Probation Officer recommends that the convict be placed on Community Service Order at Manyatta Primary School in Kisumu for the remaining duration of his sentence, that recommendation is not backed by law.
6. Section 3 (1) of the Community Service Orders Act limits Community Service Orders to sentences which are originally imposed to be three (3) years or less, not more. The convict here did not plead guilty and he has not appealed. There is no legal basis upon which this court can revise his 5 years to Community service order.
7. The Application for revision of sentence of 5 years imprisonment is found to be devoid of merit. The same is hereby dismissed.
8. File closed.
9. Orders accordingly.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 24TH DAY OF JUNE, 2021
R.E. ABURILI
JUDGE