[2020] KEHC 7707 (KLR)

[2020] KEHC 7707 (KLR)

The court found that the applicants had been convicted and sentenced in absentia, but their subsequent conduct and favourable probation reports justified a review of their sentences. Considering the period already spent in custody and the positive recommendations from the probation office, the court exercised its...

Source-derived case information.

Citation
[2020] KEHC 7707 (KLR)
Parties
Applicant: Grins Nyabate Matogo; Applicant: Joyce Kwamboka Matogo; Respondent: State
Court
High Court
Court Station
High Court at Kisii
Jurisdiction
Kenya
Case Number
Criminal Revision 7 of 2020
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Sentence
Outcome
Sentence reviewed and substituted with probation for both applicants.
Legal Topics
Sentencing Review, Probation Orders, Conviction in Absentia
Source Language
en
Criminal Law Sentencing Review Probation Orders Conviction in Absentia

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Summary, issues, holding and outcome

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Parties

Grins Nyabate Matogo

Applicant

Joyce Kwamboka Matogo

Applicant

State

Respondent

Procedural Posture

Criminal Revision / Ruling on Application for Revision of Sentence

Legal Issues

  1. 1 Whether the sentence imposed on the applicants, who were convicted and sentenced in absentia, should be reviewed.
  2. 2 Whether the applicants are suitable for probation based on their probation reports.

Ratio Decidendi

The court found that the applicants had been convicted and sentenced in absentia, but their subsequent conduct and favourable probation reports justified a review of their sentences. Considering the period already spent in custody and the positive recommendations from the probation office, the court exercised its discretion to substitute the remaining custodial sentence with probation for both applicants. The court further issued a warning to both applicants not to repeat the offence, emphasizing the rehabilitative rather than punitive approach in the circumstances.

Court Disposition

Sentence reviewed and substituted with probation for both applicants.

Orders

  • Grins Nyabate Matogo shall serve the remainder of her sentence on probation.
  • Joyce Kwamboka Matogo shall serve the remainder of her sentence on probation.