[2022] KEHC 16840 (KLR)
The court found that the Presentence and Sentence Review Reports indicated the applicants were dangerous criminals and not suitable for non-custodial sentences. The judge held that the 2-year imprisonment imposed by the trial court for assault was appropriate, as the 7 months already served was insufficient for...
Source-derived case information.
- Citation
- [2022] KEHC 16840 (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 E087 of 2022
- Procedural Posture
- Criminal Revision / Ruling on Application for Sentence Revision
- Outcome
- Application for sentence revision declined; original sentence of 2 years imprisonment upheld.
- Judges
- RE Aburili
- Legal Topics
- Sentence Revision, Assault Offence, Non Custodial Sentence, Rehabilitation of Offenders
- 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 Sentence Revision
Legal Issues
- 1 Whether the sentence of 2 years imprisonment for assault should be revised to a non-custodial sentence.
- 2 Whether the period already served by the applicants is sufficient for their rehabilitation.
Ratio Decidendi
The court found that the Presentence and Sentence Review Reports indicated the applicants were dangerous criminals and not suitable for non-custodial sentences. The judge held that the 2-year imprisonment imposed by the trial court for assault was appropriate, as the 7 months already served was insufficient for rehabilitation. Consequently, the application for sentence revision was declined and the original sentence upheld.
Court Disposition
Application for sentence revision declined; original sentence of 2 years imprisonment upheld.
Orders
- The application for revision of sentence is declined.
- The sentence of 2 years imprisonment imposed by the trial court is upheld.
Full Case Text
Judgment text and source record
21 paragraphs
Juma & another v Republic (Criminal Revision E087 of 2022) [2022] KEHC 16840 (KLR) (22 December 2022) (Ruling)
Neutral citation: [2022] KEHC 16840 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Revision E087 of 2022
RE Aburili, J
December 22, 2022
Between
George Okoth Juma
1st Applicant
George Owino Juma
2nd Applicant
and
Republic
Respondent
(Being an Application for sentence revision in Siaya CM’s Criminal Case No. E896 of 2021 delivered by Hon. M.O. Wambani, Chief Magistrate on 5. 4.2022 AND in Siaya HCR Revision E024/2022)
Ruling
1. The Presentence report and the Sentence Review Report filed in this court in August 2022 vide HCR Revision E024/2022 on the 2 convicts herein George Okoth Juma and George Owino Juma showed that the 2 are dangerous criminals and not suitable for non-custodial sentence.
2. I decline to revise the 2 years imprisonment imposed by the trial court for the offence of assault as 7 months is not sufficient for the convicts to be rehabilitated.
3. File closed. I so order.
DATED, SIGNED AND DELIVERED AT SIAYA, THIS 22NDDAY OF DECEMBER, 2022R.E. ABURILIJUDGE