[2024] KEHC 4394 (KLR)
The court found, after considering the circumstances of the case and the Probation Officer's Report, that the applicant was not suitable to serve out the sentence as previously ordered. The court exercised its discretion to close the file, effectively declining to revise the sentence in the applicant's favour.
Source-derived case information.
- Citation
- [2024] KEHC 4394 (KLR)
- Parties
- Applicant: Clinton Francis Jowi Alias Francis; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E033 of 2024
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Application for revision declined; file ordered closed.
- Judges
- DO Ogembo
- Legal Topics
- Sentence Revision, Probation Reports, Suitability for Non Custodial Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Clinton Francis Jowi Alias Francis
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant is suitable to serve out the sentence as per the Probation Officer's Report.
Ratio Decidendi
The court found, after considering the circumstances of the case and the Probation Officer's Report, that the applicant was not suitable to serve out the sentence as previously ordered. The court exercised its discretion to close the file, effectively declining to revise the sentence in the applicant's favour.
Court Disposition
Application for revision declined; file ordered closed.
Orders
- The application for revision is declined.
- The file is ordered closed.
Full Case Text
Judgment text and source record
17 paragraphs
Francis v Republic (Criminal Revision E033 of 2024) [2024] KEHC 4394 (KLR) (16 April 2024) (Ruling)
Neutral citation: [2024] KEHC 4394 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Revision E033 of 2024
DO Ogembo, J
April 16, 2024
Between
Clinton Francis Jowi Alias Francis
Applicant
and
Republic
Respondent
(Being an Application seeking Revision of sentence vide Criminal Case No. E132 of 2023 of Senior Principal Magistrate’s Court, Bondo dated 5/10/2023 delivered by Hon. S. W. Mathenge (SRM)
Ruling
1. I have considered the circumstances of this case and the Probation Officer Report. He is not suitable to serve out the sentenceFile ordered closed.
DATED, SIGNED AND DELIVERED THIS 16THDAY OF APRIL, 2024. D. O. OGEMBOJUDGE16/4/2024