[2024] KEHC 5047 (KLR)
The court found that the applicant failed to make full disclosures and did not provide a sufficient basis for the court to substitute the ten-year imprisonment with probation. The seriousness of the offence and the lack of supporting documentation, such as the warrant of commitment or the outcome of the previous...
Source-derived case information.
- Citation
- [2024] KEHC 5047 (KLR)
- Parties
- Applicant: Robert Akolo Kamaye; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E042 of 2024
- Procedural Posture
- Miscellaneous Criminal Application / Ruling
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Sentencing, Probation, Sexual Offences, Appeal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Robert Akolo Kamaye
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling
Legal Issues
- 1 Whether the applicant is entitled to a substitution of his ten-year imprisonment sentence with a two-year probation period.
- 2 Whether the application discloses sufficient grounds for the court to interfere with the sentence imposed by the trial court.
Ratio Decidendi
The court found that the applicant failed to make full disclosures and did not provide a sufficient basis for the court to substitute the ten-year imprisonment with probation. The seriousness of the offence and the lack of supporting documentation, such as the warrant of commitment or the outcome of the previous appeal, left the court with no justification to interfere with the sentence imposed by the trial court. Consequently, the application was dismissed and the file closed.
Court Disposition
application dismissed
Orders
- The application for substitution of sentence with probation is dismissed.
- The file is closed.
Full Case Text
Judgment text and source record
22 paragraphs
Kamaye v Republic (Miscellaneous Criminal Application E042 of 2024) [2024] KEHC 5047 (KLR) (7 May 2024) (Ruling)
Neutral citation: [2024] KEHC 5047 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Criminal Application E042 of 2024
RE Aburili, J
May 7, 2024
Between
Robert Akolo Kamaye
Applicant
and
Republic
Respondent
(From the original conviction and sentence in the Senior Principal Magistrate’s Court Criminal Sexual Offences Case No. 34 of 2019 at Winam)
Ruling
1. The Applicant Robert Akolo Kamaye is a convict in Winam SPM Sexual Offences Case No 34 of 2019.
2. He appealed vide Kisumu HCCRA No E027 of 2022 against the sentence which is not clear as no warrant of commitment to prison is annexed. The outcome of that appeal is also undisclosed.
3. He now seeks for probation for 2 years out of the ten (10) years imprisonment.
4. I have considered the application. It does not make full disclosures and there is no basis upon which this Court can wake up and substitute the ten (10) years prison term imposed on a convict for such a heinous offence with probation.
5. I decline to make the orders sought and dismiss the application.
6. This file is closed. Signal to issue.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 7TH DAY OF MAY, 2024R. E. ABURILIJUDGE