[2018] KEHC 2226 (KLR)
The court found that the request for sentence revision was overtaken by events, as the applicant had only one week remaining on his sentence and had expressed a wish to complete it in prison. The sentence was lawful and lenient, and the application for review was therefore moot. The court ordered the file closed for...
Source-derived case information.
- Citation
- [2018] KEHC 2226 (KLR)
- Parties
- Applicant: Felix Odhiambo Aguko; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 58 of 2018
- Procedural Posture
- Criminal Revision / Judgment
- Outcome
- Application for sentence review dismissed as moot; file closed for archiving.
- Judges
- RE Aburili
- Legal Topics
- Sentence Review, Stock Theft, Penal Code Section 278, Prison Decongestion, Probation Report
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Felix Odhiambo Aguko
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Judgment
Legal Issues
- 1 Whether the sentence imposed on the applicant for stock theft should be revised under the prison decongestion programme.
- 2 Whether the application for sentence review is moot given the applicant's imminent completion of sentence.
Ratio Decidendi
The court found that the request for sentence revision was overtaken by events, as the applicant had only one week remaining on his sentence and had expressed a wish to complete it in prison. The sentence was lawful and lenient, and the application for review was therefore moot. The court ordered the file closed for archiving, as no practical purpose would be served by revising the sentence at this late stage.
Court Disposition
Application for sentence review dismissed as moot; file closed for archiving.
Orders
- The file is closed for archiving purposes.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
HC. CR. REV. NO. 58 OF 2018
(CORAM: R. E. ABURILI - J.)
FELIX ODHIAMBO AGUKO........APPLICANT/APPELLANT
VERSUS
REPUBLIC.............................................................RESPONDENT
(Being an appeal against the sentence dated 20. 1.2017 in Criminal Case No. 263 of 2016 in Bondo Law Court before Hon. M. Obiero - PM)
JUDGMENT
The Convict Felix Odhiambo Agukowas on 20/1/2017 sentenced by PM’s Court Bondo for the offence of Stock Theft contrary toSection 278 of the Penal Code. He was sentenced to serve 18 months imprisonment. He was due to complete sentence on 19/1/2019 which was five months away from now but as at April 2018, he had 1 week due to remission.
He is aged 26 years old.
This matter was brought to Court for consideration of sentence review as part of prison decongestion programme.
The Probation Officer, Siaya County has filed a sentence review report on 17/5/2018. He never appealed against sentence which was lawful and lenient.
The report shows that the convict has learnt a lot from prison sentence and is ready for transmission with farming and soap making skills required in prison after the released. That prison life has reformed him and regrets his mistake. The community at large considers him to be responsible and respectful. He was a motor bicycle rider prior to the incident.
Unfortunately, as at the time, the probation report was filed in court, the convict had remained with one week to complete sentence of 18 months and so he indicated that he wished to complete his sentence in prison.
This matter has been brought up too late in the day. The request for revision of sentence is overtaken by events.
Accordingly, I order that this file closed for archiving purposes.
Dated, Signed and Delivered at SIAYA this 31ST day of August 2018.
R.E. ABURILI
JUDGE