[2024] KEHC 12102 (KLR)
The court found that although the applicant breached the conditions of the suspended sentence by reoffending, he is a senior citizen, ailing, and has already served one year in prison. The court was satisfied with the applicant's remorse and willingness to change, as well as the underlying family land dispute that...
Source-derived case information.
- Citation
- [2024] KEHC 12102 (KLR)
- Parties
- Applicant: Patrick Onkendi Keuya; Respondent: State
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E003 of 2024
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Sentence
- Outcome
- application allowed; custodial sentence set aside; applicant placed on probation for two years
- Judges
- TA Odera
- Legal Topics
- Sentencing Review, Breach of Suspended Sentence, Probation Orders, Malicious Damage, Forcible Detainer
- 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
Patrick Onkendi Keuya
Applicant
State
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Whether the applicant understood and breached the conditions of the suspended sentence.
- 2 Whether the substituted custodial sentence was appropriate in the circumstances.
- 3 Whether the applicant merits a non-custodial sentence given his age, health, and remorse.
Ratio Decidendi
The court found that although the applicant breached the conditions of the suspended sentence by reoffending, he is a senior citizen, ailing, and has already served one year in prison. The court was satisfied with the applicant's remorse and willingness to change, as well as the underlying family land dispute that contributed to the offence. Exercising its revisionary powers under Section 362 of the Criminal Procedure Code, the court determined that a non-custodial sentence was appropriate and placed the applicant on probation for two years for all counts, to run concurrently, considering the offences arose from the same transaction.
Court Disposition
application allowed; custodial sentence set aside; applicant placed on probation for two years
Orders
- The applicant is placed on probation for a period of two years for all counts.
- The sentences are to run concurrently.
Full Case Text
Judgment text and source record
22 paragraphs
Keuya v State (Criminal Revision E003 of 2024) [2024] KEHC 12102 (KLR) (19 September 2024) (Ruling)
Neutral citation: [2024] KEHC 12102 (KLR)
Republic of Kenya
In the High Court at Kisii
Criminal Revision E003 of 2024
TA Odera, J
September 19, 2024
Between
Patrick Onkendi Keuya
Applicant
and
State
Respondent
((From original conviction and sentence in Criminal case no. 6 of 2021 of the Magistrates Court at Ogembo))
Ruling
1The applicant was charged in the lower court with the offences of destroying crops pf cultivated produce Contrary to Section 334(i) of the Penal Code, Forcible detainer contrary to section 91 of the penal code, malicious damage to property contrary to section 339 (1) of the Penal Code. The case was heard and determined and the offender was sentenced to one-year imprisonment on each count. The sentences were suspended.
2On 8. 9.23 the complainant attended court and informed it that the offender has planted maize on the land herein after the suspended sentence was meted out on 25. 7.23.
3The court found that he had unlawfully breached the same and substituted the suspended sentence with imprisonment in each of the counts and the same is to run consecutively.
4The applicant filed the motion dated 12. 2.24 seeking review of the said sentence on the grounds that he did not understand the conditions of the suspended sentence and the law generally. He said he is 74 years old and he is ailing regretted the incident and that he has learnt his lessons and promised not to repeat. He sought a non-custodial sentence. The Prosecution counsel submitted that the applicant breached the conditions of the suspended sentence and thus the imprisonment was lenient.
5This court called for a pre-sentence review report. The report was filed herein. The same revealed that the applicant is 74 years old, he is ailing and regrets the offence and has promised change. Also that the disputes centers on applicant’s family land which was sold to complainant by his mother and brothers without his knowledge. Also that complaint promised to table the land dispute before the local administration for resolution.
6I have carefully considered the application, the nature of the offence and its circumstances and the reply. I also saw the applicant in court and I have no doubt that he is a senior citizen. The applicant has already served one year in prison and I believe he has learnt his lessons in prison. He has stated that he regrets the reoffending and also promised to change his behavior. I will give the applicant another chance. I proceed to exercise the powers of this court under Section 362 of the Criminal Procedure Code and place him on probation for a period of 2 years for all the counts herein. The offences were committed in the same transaction so I order that same run concurrently.
T.A ODERAJUDGE19. 9. 24Delivered in Open court in the presence of:The applicantKimanthi for ProsecutionCourt Assistant: Oigo.