[2018] KEHC 2237 (KLR)
The court determined that before considering the applicant's request for sentence revision, it is necessary to obtain a Probation Officer's Sentence Review Report to assess the applicant's circumstances and the appropriateness of the sentence imposed. The court did not make a final determination on the merits of the...
Source-derived case information.
- Citation
- [2018] KEHC 2237 (KLR)
- Parties
- Applicant: Fredrick Ndege Oketch; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 143 of 2018
- Procedural Posture
- Criminal Revision / Ruling on Request for Sentence Review Report
- Outcome
- Probation Officer directed to file Sentence Review Report; matter set for mention.
- Judges
- RE Aburili
- Legal Topics
- Sentence Revision, Burglary and Stealing, Mitigation Factors
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Fredrick Ndege Oketch
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Request for Sentence Review Report
Legal Issues
- 1 Whether the applicant's sentence should be revised in light of the mitigating factors presented.
Ratio Decidendi
The court determined that before considering the applicant's request for sentence revision, it is necessary to obtain a Probation Officer's Sentence Review Report to assess the applicant's circumstances and the appropriateness of the sentence imposed. The court did not make a final determination on the merits of the application but directed the preparation of a report to inform its subsequent decision.
Court Disposition
Probation Officer directed to file Sentence Review Report; matter set for mention.
Orders
- Probation Officer Siaya County to file a Sentence Review Report on the convict Fredrick Ndege Oketch for consideration by the court on or before 17/9/2018.
- Mention scheduled for 17/9/2018.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
HC. CR. REV. NO. 143 OF 2018
(CORAM: R. E. ABURILI - J.)
FREDRICK NDEGE OKETCH...........APPLICANT
VERSUS
REPUBLIC........................................RESPONDENT
RULING OF THE COURT
The convict Fredrick Ndege Oketchwas convicted and sentenced to serve 2 years imprisonment by Bondo PM’s court on 27/6/2018 for the offence of Burglary and Stealing contrary to Section 304(1) as read with Section 279 of the Penal Code.
He did not appeal against conviction and sentence. He seeks for revision of sentence giving various mitigating factors among them, that he is remorseful, he was influenced by bad company, he has a wife of poor health who was operated on twice and has four children who depend on him among others.
I hereby direct the Probation Officer Siaya County to file a sentence Review Report on the convict herein Fredrick Ndege Oketch for consideration by this court on or before 17/9/2018.
Mention on 17/9/2018.
Production Order to issue for 17/9/2018.
Dated, Signed and Delivered at SIAYA this 31ST day of August 2018.
R.E. ABURILI
JUDGE