[2020] KEHC 7783 (KLR)
The court found that although the original sentence of two years imprisonment for burglary was lawful and lenient, the applicant's demonstrated remorse, rehabilitation, family circumstances, and positive probation report justified a revision of the custodial sentence. The court exercised its discretion to substitute...
Source-derived case information.
- Citation
- [2020] KEHC 7783 (KLR)
- Parties
- Applicant: Francis Okanja Ojode alias Agengo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 4 of 2020
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Sentence and Conviction
- Outcome
- Application for sentence revision allowed. Custodial sentence substituted with community service order.
- Judges
- RE Aburili
- Legal Topics
- Sentence Revision, Burglary Offence, Community Service Order
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Francis Okanja Ojode alias Agengo
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 for burglary was lawful and appropriate.
- 2 Whether the applicant's circumstances justify a revision of the custodial sentence to a community service order.
Ratio Decidendi
The court found that although the original sentence of two years imprisonment for burglary was lawful and lenient, the applicant's demonstrated remorse, rehabilitation, family circumstances, and positive probation report justified a revision of the custodial sentence. The court exercised its discretion to substitute the prison term with a community service order at Kitambo Primary School for eight months, under close supervision, with a warning that any breach or default would result in re-arrest and serving the original prison term.
Court Disposition
Application for sentence revision allowed. Custodial sentence substituted with community service order.
Orders
- The applicant, Francis Okanja Ojode, shall serve community service for eight months at Kitambo Primary School under close supervision of the Probation Officer.
- In case of breach or default, the applicant shall be re-arrested and sent to prison to serve the full term.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
CRIMINAL REVISION 4 OF 2020
FRANCIS OKANJA OJODE alias AGENGO ...................................APPLICANT
VERSUS
REPUBLIC..........................................................................................RESPONDENT
(Being an application for Revision of Sentence and Conviction in Bondo PMCCR Case No. 1005 of 2018. dated 1. 3.2019 by Hon. E.N. Wasike, Senior Resident Magistrate).
RULING
1. I have considered the application for sentence revision as filed on 15. 1.2020 by the Convict Francis Okanja Ojode. The Convict is serving 2 years imprisonment for the offence of Burglary contrary to section 304(2) of the Penal Code.
2. He pleaded not guilty and was convicted and sentenced after a full trial by Hon. E.N. Wasike, Senior Resident Magistrate, Bondo on 1. 3.2019. He has not appealed against conviction and sentence.
3. The sentence imposed was lawful and lenient. The stolen items were also recovered and released to the complainant. The convict says he is remorseful and regrets what he did and that he has learnt his lesson for what he did. He has a family who depend on him. He is said to be hardworking and the home environment is conducive for his stay. He is a neighbour to and relative of the Complainant. He fends for his family through mining but had learnt life’s skills in prison.
4. The Probation Officer recommends unpaid Community Service of Kitambo Primary School. For the above reasons I hereby allow the application for sentence revision and order that the convict herein Francis Okanja Ojode shall serve Community Service for Eight months at Kitambo Primary School under close supervision of Probation Officer and incase of breach or default he shall be re-arrested and send to prison to serve the full term.
5. Orders accordingly.
Dated, Signed and Delivered at Siaya this 18th day of February, 2020
R.E. ABURILI
JUDGE