[2022] KEHC 12578 (KLR)
The court found no sufficient grounds to review the applicant's sentence. The probation report did not recommend release on community service order due to the applicant's negative character assessment and lack of engagement in rehabilitation programmes. The trial magistrate had already directed that the sentence run...
Source-derived case information.
- Citation
- [2022] KEHC 12578 (KLR)
- Parties
- Applicant: Satini Jarvan; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Busia
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E065 of 2022
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- application for revision dismissed
- Judges
- JN Kamau
- Legal Topics
- Stealing Offences, Sentencing Review, Handling Stolen Property
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Satini Jarvan
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant's sentence should be reviewed to allow release on community service order.
- 2 Whether the sentence imposed by the trial magistrate was appropriate in the circumstances.
Ratio Decidendi
The court found no sufficient grounds to review the applicant's sentence. The probation report did not recommend release on community service order due to the applicant's negative character assessment and lack of engagement in rehabilitation programmes. The trial magistrate had already directed that the sentence run from the date of arrest, and the earliest release date was determined by the prison authorities. The court was not persuaded to interfere with the sentence imposed, as the statutory and factual circumstances did not warrant revision.
Court Disposition
application for revision dismissed
Orders
- The application for revision of sentence is dismissed.
- The applicant shall continue to serve the sentence as imposed by the trial court, running from the date of arrest.
Full Case Text
Judgment text and source record
17 paragraphs
Jarvan v Republic (Criminal Revision E065 of 2022) [2022] KEHC 12578 (KLR) (2 August 2022) (Ruling)
Neutral citation: [2022] KEHC 12578 (KLR)
Republic of Kenya
In the High Court at Busia
Criminal Revision E065 of 2022
JN Kamau, J
August 2, 2022
(ORIGINALLY CR CASE NO E079 OF 2022)
Between
Satini Jarvan
Applicant
and
Republic
Respondent
Ruling
1. The Applicant was charged with stealing contrary to Section 268 as read with Section 275 of the Penal Code Cap 63 (Laws of Kenya). He had also been charged with an alternative charge of handling stolen property contrary to Section 322 (1) (2) of the Penal Code. He was arrested on 20/1/2022 and arraigned in Court on 21/1/2022. He admitted to the charge on 13/4/2022 and was sentenced to one (1) year imprisonment without the option of a fine on 18/5/2022. The same was to run from the date of arrest. The earliest release date by Prisons is 20/9/2022. The Report of Abdirashid Osman Probation/Community Service Officer that was filed on 29/7/2022 does not recommend the release of Applicant on community service order as the local administration described him negatively as he had thievery tendencies. He has also not enrolled in any skilled programme while serving in Prison. Accordingly, I am not persuaded that I should review the sentence and direct that he serves the remaining part of the sentence in custody as the learned Trial Magistrate directed that his sentence would run from 20/1/2022 when he was arrested. Orders accordingly.
DATED AND DELIVERED AT BUSIA ON THIS 2ND DAY OF AUGUST 2022. J. KAMAUJUDGE