[2018] KEHC 1895 (KLR)
The court found that since the applicant had already served the entirety of his three-year sentence for burglary and stealing, there was no sentence left to revise. The purpose of the jail decongestion program and sentence review is to consider early release or modification of ongoing sentences, not those already...
Source-derived case information.
- Citation
- [2018] KEHC 1895 (KLR)
- Parties
- Applicant: Joseph Oloo Ogolla; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 56 of 2018
- Procedural Posture
- Criminal Revision / Judgment
- Outcome
- Application dismissed as moot; file marked as closed.
- Judges
- RE Aburili
- Legal Topics
- Sentence Review, Burglary, Stealing, Penal Code Section 304 2, Penal Code Section 279
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Oloo Ogolla
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Judgment
Legal Issues
- 1 Whether the applicant's sentence could be revised under the jail decongestion program.
- 2 Whether there remained any sentence to be revised given the applicant had already served the full term.
Ratio Decidendi
The court found that since the applicant had already served the entirety of his three-year sentence for burglary and stealing, there was no sentence left to revise. The purpose of the jail decongestion program and sentence review is to consider early release or modification of ongoing sentences, not those already completed. As such, the application for revision was rendered moot and the file was marked as closed.
Court Disposition
Application dismissed as moot; file marked as closed.
Orders
- The file herein is hereby marked as closed.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
HC. CR. REV. NO. 56 OF 2018
(CORAM: R. E. ABURILI - J.)
JOSEPH OLOO OGOLLA...........................................APPLICANT
VERSUS
REPUBLIC…...............................................................RESPONDENT
(Being an appeal against both the conviction and the sentence dated 3. 7.2015in
Criminal Case No. 387 of 2015 in Bondo Law Court before Hon. M. Obiero – PM)
JUDGMENT
The Applicant herein Joseph Oloo Ogola is a 45 years was vide Bondo PM’s Court Cr. Case No. 387/2015 convicted of the offence of Burglary and Stealing contrary to Section 304(2) and 279 of the Penal Code Cap 63 Laws of Kenya. He was sentenced to serve 3 years imprisonment after a full trial on 3/7/2015. He has served more than 2 years and 10 months and had a balance of 53 days as at 27/4/2018 when a Pre-sentence Review report filed by the Siaya County Probation Officer was prepared but filed in Court on 17/5/2018.
The Applicant’s case was brought to court for jail decongestion program in March 2018 and Hon. Majanja J directed that a sentence review report be filed.
Regrettably, the convict has already served his three year prison sentence and therefore there is nothing to be revised.
Accordingly, the file herein is hereby marked as closed.
Dated, Signed and Delivered at SIAYA this 31ST day of August 2018.
R.E. ABURILI
JUDGE