[2020] KEHC 8631 (KLR)
The court found that although the original sentence of two years imprisonment was lawful, the applicant's status as a first offender, his remorse, and the recovery of the stolen property justified a revision of the sentence. The court determined that the applicant would benefit more from probation and counselling...
Source-derived case information.
- Citation
- [2020] KEHC 8631 (KLR)
- Parties
- Applicant: Daniel Molen Lakole; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 89 of 2019
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Sentence and Conviction
- Outcome
- application for revision of sentence allowed; sentence of imprisonment substituted with probation.
- Judges
- RE Aburili
- Legal Topics
- Sentencing Revision, Probation Orders, First Offender Treatment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Daniel Molen Lakole
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Sentence and Conviction
Legal Issues
- 1 Whether the sentence imposed on the applicant was appropriate given the circumstances of the offence and the applicant's status as a first offender.
- 2 Whether the applicant should benefit from probation in lieu of imprisonment.
Ratio Decidendi
The court found that although the original sentence of two years imprisonment was lawful, the applicant's status as a first offender, his remorse, and the recovery of the stolen property justified a revision of the sentence. The court determined that the applicant would benefit more from probation and counselling than from continued incarceration. Accordingly, the sentence was substituted with a probation order for fifteen months, to be supervised by a Probation Officer, with compliance reports to be submitted to the court.
Court Disposition
application for revision of sentence allowed; sentence of imprisonment substituted with probation.
Orders
- The sentence of two years imprisonment is set aside and substituted with probation service for a period of fifteen (15) months from date of release.
- The applicant shall be closely supervised by a Probation Officer in Narok, Kajiado County.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
CRIMINAL REVISION 89 OF 2019
DANIEL MOLEN LAKOLE...........APPLICANT
VERSUS
REPUBLIC....................................RESPONDENT
(Being an application for Revision of Sentence and Conviction in Bondo Principal Magistrate’s Court Criminal Case No. 584 of 2019 dated 18. 11. 2019)
RULING
1. I have considered the Probation Officers Report filed on 29. 1.2020 signed by David Odumba Probation Officer Siaya, on the Convict/Applicant. I am satisfied that the Accused can benefit from guidance and counselling by a Probation Officer to lead a meaningful life as he is remorseful for the offence.
2. The sentence meted was lawful but the convict being a first offender and taking into account circumstances leading to commissions of the offence the fact that the stolen property was recovered allow the application for Revision of Sentence of 2 years imprisonment. I substitute the same with Probation service for a period of Fifteen (15) months from date of release and to be closely supervised by a Probation Officer Narok, Kajiado County who shall be making quarterly reports to this court on compliance of the Probation terms by the convict Daniel Molen Lakole.
3. Orders accordingly.
Dated, Signed and Delivered at Siaya this 29th day of January, 2020
R. E. ABURILI
JUDGE