[2024] KEHC 3942 (KLR)
The court found that the trial magistrate had properly considered the applicant's status as a first offender and the contents of the pre-sentence report, which concluded the applicant was unsuitable for a non-custodial sentence. The reviewing judge independently examined the pre-sentence report and agreed with the...
Source-derived case information.
- Citation
- [2024] KEHC 3942 (KLR)
- Parties
- Applicant: Wycliff Atonya Gallo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 117 of 2024
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Application for revision dismissed; custodial sentence upheld.
- Judges
- DR Kavedza
- Legal Topics
- Sentencing, Non Custodial Sentences, Criminal Revision, Plea of Guilty
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Wycliff Atonya Gallo
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant is eligible for a non-custodial sentence under the Chief Justice's memo for decongestion.
- 2 Whether the trial magistrate erred in finding the applicant unsuitable for a non-custodial sentence.
Ratio Decidendi
The court found that the trial magistrate had properly considered the applicant's status as a first offender and the contents of the pre-sentence report, which concluded the applicant was unsuitable for a non-custodial sentence. The reviewing judge independently examined the pre-sentence report and agreed with the trial court's assessment. As a result, the court held that there was no basis to interfere with the custodial sentence imposed, and the applicant was not eligible for a non-custodial sentence under the decongestion guidelines.
Court Disposition
Application for revision dismissed; custodial sentence upheld.
Orders
- The applicant is not eligible for a non-custodial sentence.
- The custodial sentence imposed by the trial court is upheld.
Full Case Text
Judgment text and source record
22 paragraphs
Gallo v Republic (Criminal Revision 117 of 2024) [2024] KEHC 3942 (KLR) (24 April 2024) (Ruling)
Neutral citation: [2024] KEHC 3942 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Revision 117 of 2024
DR Kavedza, J
April 24, 2024
Between
Wycliff Atonya Gallo
Applicant
and
Republic
Respondent
Ruling
1. This file was brought before me for the decongestion exercise pursuant to the Chief Justice’s memo dated 7/12/2022, which provides that inmates who are serving three years imprisonment or less may be considered for non-custodial sentences.
2. I have gone through the file and noted that the applicant herein was convicted on his own plea of guilty for the offence of stealing contrary to section 268 as read with section 275 of the Penal code. He was sentenced on 3/1/2024 to serve nine (9) months imprisonment.
3. Prior to sentencing, the trial magistrate considered that the applicant was a first offender. She also considered the pre-sentence report dated 2/1/2024, which found the applicant to be unsuitable for a non-custodial sentence.
4. I have thoroughly gone through the said pre-sentence report and found that the trial magistrate correctly arrived at the conclusion that the applicant is not suitable for a non-custodial sentence. I shall therefore not interfere with the sentence of the trial court.
5. The upshot is that the applicant is not eligible for a non-custodial sentence.
6. File closed.
Orders accordingly.
RULING DELIVERED THIS DAY 24TH DAY OF APRIL 2024. ________________D. KAVEDZAJUDGE