[2021] KEHC 5434 (KLR)
The court found that the applicant's plea of guilty was unequivocal and the sentence imposed by the trial court was both lawful and lenient. The recommendation by the Probation Officer for a Community Service Order was rejected as the offence in question did not qualify for such an order under Section 3(1) of the...
Source-derived case information.
- Citation
- [2021] KEHC 5434 (KLR)
- Parties
- Applicant: Enock Owino Odimo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E077 of 2021
- Procedural Posture
- Criminal Revision / Ruling on Application for Sentence Revision
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Sentence Revision, Burglary, Stealing, Community Service Orders, Plea of Guilty
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Enock Owino Odimo
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Sentence Revision
Legal Issues
- 1 Whether the applicant is entitled to a revision of sentence imposed by the trial court.
- 2 Whether the recommendation for a Community Service Order is lawful under the circumstances.
Ratio Decidendi
The court found that the applicant's plea of guilty was unequivocal and the sentence imposed by the trial court was both lawful and lenient. The recommendation by the Probation Officer for a Community Service Order was rejected as the offence in question did not qualify for such an order under Section 3(1) of the Community Service Orders Act, which limits eligibility to offences punishable by imprisonment for three years or less. As the applicant was sentenced to a total of six years' imprisonment for burglary and stealing, the court held that there was no legal basis to revise the sentence or substitute it with a Community Service Order. The application was therefore dismissed for lack...
Court Disposition
application dismissed
Orders
- The application for sentence revision is dismissed.
- File closed.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
CRIMINAL REVISION CASE NO. E077 OF 2021
ENOCK OWINO ODIMO...........................APPLICANT
VERSUS
REPUBLIC................................................RESPONDENT
(Application for sentence revision from the judgment, conviction
and sentence inUkwala Srm’s Magistrates Court No. 147 of 2019
delivered on 12. 4.2019 by Hon. G.Adhiambo – Principal Magistrate )
RULING
1. The applicant Enock Owino Odimo was the 2nd accused in the lower court. He was jointly charged with another for the offences of Burglary and Stealing. They both pleaded guilty to the charges and were convicted on their plea of guilty by Hon. G. Adhiambo, Principal Magistrate on 12. 4.2019. They were sentenced to serve three years imprisonment on each limb, sentences to run consecutively thus, six years imprisonment.
2. They have not appealed and the file is before me for prison decongestion seeking for revision of sentence. I have perused the trial court record. The plea was unequivocal. Sentence was lawful and lenient.
3. Albeit the Probation Officer Mr. David Ojow recommends Community Service Order for the remaining sentence of about four years, I am not bound by that recommendation which is illegal in the sense that the convict was not charged with an offence whose sentence would have been up to three years and below, as contemplated in Section 3(1) of the Community Service Orders Act.
4. Accordingly, I find this application devoid of merit. The same is dismissed.
5. File closed.
6. Orders accordingly.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 25TH DAY OF JUNE, 2021
R. E. ABURILI
JUDGE