[2019] KEHC 6755 (KLR)
The court found that the probation report was favourable to the applicant, who had pleaded guilty to housebreaking and stealing and was serving a 12-month sentence on each count. The report indicated that a non-custodial sentence would assist the applicant in reforming and supporting his suffering family. The court...
Source-derived case information.
- Citation
- [2019] KEHC 6755 (KLR)
- Parties
- Applicant: Fredrick Owino Walogo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 10 of 2019
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Sentence
- Outcome
- sentence revised; applicant to serve 12 months probation in lieu of imprisonment
- Judges
- RE Aburili
- Legal Topics
- Sentence Revision, Housebreaking, Stealing, Probation Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Fredrick Owino Walogo
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Whether the sentence of 12 months imprisonment should be revised in light of the probation report.
- 2 Whether a non-custodial sentence is appropriate for the applicant convicted of housebreaking and stealing.
Ratio Decidendi
The court found that the probation report was favourable to the applicant, who had pleaded guilty to housebreaking and stealing and was serving a 12-month sentence on each count. The report indicated that a non-custodial sentence would assist the applicant in reforming and supporting his suffering family. The court determined that, although the applicant must bear the consequences of his actions, a probation order would better serve the interests of justice and rehabilitation. Accordingly, the court revised the sentence to 12 months probation from the date of release, with a warning that breach of probation terms would result in re-arrest and completion of the original prison term.
Court Disposition
sentence revised; applicant to serve 12 months probation in lieu of imprisonment
Orders
- The applicant Fredrick Owino Walogo shall serve probation for 12 months with effect from the date of his release from prison.
- In breach of the probation terms, the applicant shall be arrested and returned to prison to serve the full prison term.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
CRIMINAL REVISION CASE NO. 10 OF 2019
(CORAM: R. E. ABURILI – J.)
FREDRICK OWINO WALOGA……………………………APPLICANT
VERSUS
REPUBLIC………….…………………………………….RESPONDENT
((Being an Appeal against sentence and conviction dated 20. 10. 2010 in PM Criminal Case No. 42 of 2019 in Ukwala Law Court before Hon. G. Adhiambo – SRM).
RULING
1. I have considered the application for revision of sentence of 12 months by the convict Fredrick Owino Walogo.
2. I have given equal consideration of the resentence revision report dated 17. 4.2019 filed by the Probation Officers, Siaya, Ms. Rhoda Wanyonyi.
3. The report is favourable to the convict who was convicted on his own plea of guilty for the offence of Housebreaking and stealing and sentenced to serve 12 months imprisonment on each limb totaling 24 months imprisonment.
4. The convict has not appealed against the conviction and sentence.
5. According to the Probation Report, non-custodial sentence will assist him reform and fend for his family which is suffering.
6. The Applicant convict must bear the consequences of his uncivil behavior. He must learn to respect people’ s property sentence was for the above reasons, I order that the convict Fredrick Owino Walogo shall serve Probation for 12 months with effect from the date of his release from Prison upon service of this order in order to be guided and counseled by the Probation Officer.
7. In breach of the Probation terms, he shall be arrested and returned to Prison to serve full Prisons terms.
8. Orders accordingly.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 30TH DAY OF APRIL, 2019.
R. E. ABURILI
JUDGE