[2019] KEHC 4797 (KLR)
The court found that the applicant was not fit for a non-custodial sentence due to his difficult behavior in the community, as highlighted in the probation officer's report. The judge determined that imprisonment would better serve the applicant's rehabilitation and the interests of justice. Consequently, the...
Source-derived case information.
- Citation
- [2019] KEHC 4797 (KLR)
- Parties
- Applicant: David Odhiambo Onyango; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 34 of 2019
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Sentence
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Sentence Revision, Burglary, Stealing, Probation Reports
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
David Odhiambo Onyango
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Whether the applicant is fit for revision of sentence from custodial to non-custodial sentence.
- 2 Whether the sentence imposed was appropriate in light of the applicant's conduct and the probation officer's report.
Ratio Decidendi
The court found that the applicant was not fit for a non-custodial sentence due to his difficult behavior in the community, as highlighted in the probation officer's report. The judge determined that imprisonment would better serve the applicant's rehabilitation and the interests of justice. Consequently, the application for revision of sentence was declined, and the original custodial sentence was upheld, subject to any remission for which the applicant may qualify under the law.
Court Disposition
application dismissed
Orders
- The application for revision of sentence is declined and dismissed.
- The convict to serve full sentence subject to qualification for remission.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
CRIMINAL REVISION NO. 34 OF 2019
(CORAM: HON. R.E. ABURILI - J)
DAVID ODHIAMBO ONYANGO....................................................APPLICANT
VERSUS
REPUBLIC.....................................................................................RESPONDENT
(An Application seeking Revision of Sentence from Judgment delivered at Siaya Law Court on 10/4/2019 vide Criminal Case 323 of 2019 before Hon. T.M. Olando, SRM)
RULING
1. I have considered the application for Sentence Review and the Probation Officer’s Report filed in court on 24/7/2019. The convict was sentenced to serve 2 years imprisonment for the offences of Burglary and Stealing.
2. I am not satisfied that the Applicant is fit for Revision of Sentence to serve non-custodial sentence in view of him being a difficult person in the community. Prison will help him reform and be rehabilitated.
3. The Application for Revision of sentence is declined and dismissed. The convict to serve full sentence subject to qualification for remission.
Orders accordingly.
Dated, signed and Delivered at Siaya, this 29th Day of July 2019.
R.E. ABURILI
JUDGE