[2022] KEHC 12823 (KLR)
The court found that the applicants, having pleaded guilty to assault causing actual bodily harm, were not suitable for non-custodial or community service orders due to their violent tendencies and negative reports from the Probation Officer and their own relatives. The court held that the interests of justice and...
Source-derived case information.
- Citation
- [2022] KEHC 12823 (KLR)
- Parties
- Applicant: George Okoth Juma; Applicant: George Owino Juma; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E024 of 2022
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Sentence
- Outcome
- Application for revision of sentence declined. Applicants to serve full prison terms imposed.
- Judges
- RE Aburili
- Legal Topics
- Sentence Revision, Assault Causing Actual Bodily Harm, Plea of Guilty
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
George Okoth Juma
Applicant
George Owino Juma
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Whether the applicants are suitable for a non-custodial or community service order upon conviction for assault causing actual bodily harm.
- 2 Whether the sentence imposed by the trial court should be revised in light of the applicants' circumstances.
Ratio Decidendi
The court found that the applicants, having pleaded guilty to assault causing actual bodily harm, were not suitable for non-custodial or community service orders due to their violent tendencies and negative reports from the Probation Officer and their own relatives. The court held that the interests of justice and community safety outweighed any mitigating factors, and therefore declined to revise the custodial sentence imposed by the trial court. The applicants were ordered to serve the full prison terms as sentenced.
Court Disposition
Application for revision of sentence declined. Applicants to serve full prison terms imposed.
Orders
- The request for sentence revision is declined.
- The convicts to serve full prison terms imposed.
Full Case Text
Judgment text and source record
24 paragraphs
Juma & another v Republic (Criminal Revision E024 of 2022) [2022] KEHC 12823 (KLR) (8 August 2022) (Ruling)
Neutral citation: [2022] KEHC 12823 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Revision E024 of 2022
RE Aburili, J
August 8, 2022
Between
George Okoth Juma
1st Applicant
George Owino Juma
2nd Applicant
and
Republic
Respondent
(Being an Application for revision of sentence, arising from conviction and sentence in Siaya Chief Magistrates’ Court in Criminal Case No. E896/2021 delivered on 5/4/2022 by Hon. M.O. Wambani, Chief Magistrate))
Ruling
1. The convicts George Okoth Juma and George Owino Juma were sentenced to serve 2 years imprisonment in default of payment of fines of Sh. 20,000/= on each of the two counts of assault causing actual bodily harm on 5/4/2022. They are both aged 27 years. They pleaded guilty to the charges and were therefore convicted on their own unequivocal Plea of guilty, and sentenced after the trial Magistrate considered Presentence reports filed by the Probation Officer, on 25/3/2022.
2. The convicts have served only 3 months in prison as they have not paid the fines imposed.
3. From the Probation Officer’s reports, the two convicts are dangerous criminals in the community and are not suitable for non-custodial sentence consideration. Even the relatives of the convicts are against the release of the convicts who are said to be violent and fond of cutting people with pangas, with impunity wherever a disagreement arises with those people. That they need to remain in custody to be rehabilitated.
4. That being the case, I find the 2 convicts not suitable for non-custodial or community service order. The request for sentence revision is declined. The convicts to serve full prison terms imposed.
5. File is closed.
6. Orders accordingly.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 8TH DAY OF AUGUST, 2022R.E. ABURILIJUDGE