[2023] KEHC 23931 (KLR)
The court declined to revise the three-year imprisonment sentence imposed on the applicant for the offence of stealing, citing the applicant's status as a habitual offender, lack of remorse, and absence of evidence of reformation. However, the court ordered that the sentence be calculated from the date of arrest...
Source-derived case information.
- Citation
- [2023] KEHC 23931 (KLR)
- Parties
- Applicant: Melvin Ochieng Geri; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E038 of 2023
- Procedural Posture
- Criminal Revision / Ruling on Application for Sentence Revision
- Outcome
- Sentence revision declined; order for sentence to run from date of arrest.
- Judges
- RE Aburili
- Legal Topics
- Sentence Revision, Stealing Offence, Penal Code Section 275, Habitual Offender, Pre Sentence Report, Calculation of Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Melvin Ochieng Geri
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Sentence Revision
Legal Issues
- 1 Whether the applicant is entitled to a revision of the sentence imposed for the offence of stealing.
- 2 Whether the period spent in custody prior to sentencing should be considered in calculating the applicant's sentence.
Ratio Decidendi
The court declined to revise the three-year imprisonment sentence imposed on the applicant for the offence of stealing, citing the applicant's status as a habitual offender, lack of remorse, and absence of evidence of reformation. However, the court ordered that the sentence be calculated from the date of arrest (6th March 2022), in accordance with the law requiring that time spent in custody prior to sentencing be considered. The court found no sufficient grounds to interfere with the sentence itself but ensured compliance with statutory requirements regarding computation of the sentence period.
Court Disposition
Sentence revision declined; order for sentence to run from date of arrest.
Orders
- The application for sentence revision is declined.
- The three years imprisonment shall be calculated from the date of arrest on 6th March 2022.
Full Case Text
Judgment text and source record
25 paragraphs
Geri v Republic (Criminal Revision E038 of 2023) [2023] KEHC 23931 (KLR) (6 October 2023) (Ruling)
Neutral citation: [2023] KEHC 23931 (KLR)
Republic of Kenya
In the High Court at Kisumu
Criminal Revision E038 of 2023
RE Aburili, J
October 6, 2023
Between
Melvin Ochieng Geri
Applicant
and
Republic
Respondent
(From the original conviction and sentence in Senior Principal Magistrate Criminal Case No. E068 of 2022 at Tamu)
Ruling
1. The Convict Melvin Ochieng Geri was sentenced to serve three (3) years imprisonment videTamu SPM Criminal Case No. E068 of 2022 for the offence of stealing contrary to Section 268 as read with Section 275 of the Penal Code. He stole 13 chickens valued Kshs.10,400/=.
2. He initially petitioned for sentence review vide HCCR No. E017 of 2022 hardly before he had served one month in prison and the court declined.
3. He has now been in prison from 6th March 2022 which is over 18 months of the three (3) years prison term.
4. He is expected to be released from prison on 14th March 2024. However, as he was in custody from 6th March 2022, until he was sentenced on 14th March 2022, I order that the prison term shall be calculated from date of arrest on 6th March 2022.
5. He was 24 years old as at 2022 meaning he is now 25 years old. From the Presentence report filed on 14th March 2022, the convict is a habitual offender who had been in prison severally and was a truant from his early age after dropping out of school for lack of interest. He is dishonest, does not take responsibility for his actions and has been convicted twice before, for stealing.
6. There is no report from prison authorities showing that he has reformed.
7. I decline to revise the sentence imposed. I however order that the three (3) years imprisonment shall be calculated from date of arrest on 6th March 2022.
8. I so order.
9. File closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 6TH DAY OF OCTOBER, 2023R. E. ABURILIJUDGE