[2020] KEHC 8939 (KLR)
The court found that although the original sentence of imprisonment was lawful and lenient, the applicant, being a first offender and having benefited from the recovery of the stolen property, was a suitable candidate for probation. The court relied on the probation officer's recommendation for a non-custodial...
Source-derived case information.
- Citation
- [2020] KEHC 8939 (KLR)
- Parties
- Applicant: Jackson Yohana Maku; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 90 of 2019
- Procedural Posture
- Criminal Revision / Ruling on Application for Sentence Revision
- Outcome
- application allowed; custodial sentence revised to probation
- Judges
- RE Aburili
- Legal Topics
- Sentence Revision, Probation Orders, First Offender Treatment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jackson Yohana Maku
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Sentence Revision
Legal Issues
- 1 Whether the sentence imposed on the applicant was lawful and appropriate.
- 2 Whether the applicant, as a first offender, should benefit from a probation sentence instead of imprisonment.
Ratio Decidendi
The court found that although the original sentence of imprisonment was lawful and lenient, the applicant, being a first offender and having benefited from the recovery of the stolen property, was a suitable candidate for probation. The court relied on the probation officer's recommendation for a non-custodial sentence and the need for guidance and counselling to prevent future offences. Accordingly, the court substituted the custodial sentence with a probation order for 15 months, to be supervised by the probation officer, with compliance reports to be filed quarterly.
Court Disposition
application allowed; custodial sentence revised to probation
Orders
- The sentence of 2 years imprisonment is set aside and substituted with a probation order for 15 months.
- The convict shall be closely supervised by the Probation Officer, Narok in Kajiado County.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
CRIMINAL REVISION 90 OF 2019
JACKSON YOHANA MAKU............................................APPLICANT
VERSUS
REPUBLIC.........................................................................RESPONDENT
(Being application for sentence revision in Siaya Principal Magistrate’s Court
Cr. C No. 481 of 2019 dated 17. 10. 2019)
RULING
1. I have considered the application for sentence revision, the circumstances under which the offence was committed and the fact that the convict is a first offender.
2. I have also noted that the sentence imposed was lenient and lawful. Prior to sentencing, a Probation report recommended Probation sentence hence the trial court meted out sentence after considering the Probation Report.
3. However, as recommended by the probation officer for the second time in the recent report filed in court on 28/1/2020, the convict can benefit from guiding and counselling to refrain from self-help methods against the employers. The property stolen were recovered.
4. I allow the application for revision of 2 years imprisonment and substitute it with an order that the convict Jackson Yohana Maku shall serve probation for 15 months to be closely supervised by the Probation Officer, Narok in Kajiado County and the probation officer to file quarterly reports to this Court on compliance with Probation terms by the convict.
5. Orders accordingly.
Dated, Signed and Delivered at Siaya this 29th day of January 2020
R.E. ABURILI
JUDGE