[2016] KEHC 5491 (KLR)
The court declined to revise the applicant's custodial sentence after considering the probation officer's report, which indicated that the applicant, despite positive progress in prison, was not suitable for a non-custodial sentence due to the lack of a supportive home environment for rehabilitation. The court found...
Source-derived case information.
- Citation
- [2016] KEHC 5491 (KLR)
- Parties
- Applicant: Livingstone Opieni Kaimos; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 288 of 2015
- Procedural Posture
- Criminal Revision / Ruling on Revision
- Outcome
- Application for revision of sentence declined; custodial sentence upheld.
- Judges
- AW Mwangi
- Legal Topics
- Sentencing Revision, Plea of Guilty, Probation Report, Custodial Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Livingstone Opieni Kaimos
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Revision
Legal Issues
- 1 Whether the applicant's custodial sentence should be revised in light of the probation officer's report.
- 2 Whether the applicant is suitable for a non-custodial sentence.
Ratio Decidendi
The court declined to revise the applicant's custodial sentence after considering the probation officer's report, which indicated that the applicant, despite positive progress in prison, was not suitable for a non-custodial sentence due to the lack of a supportive home environment for rehabilitation. The court found no sufficient grounds to interfere with the sentence imposed by the trial court and ordered that the applicant serve the remainder of his sentence in prison.
Court Disposition
Application for revision of sentence declined; custodial sentence upheld.
Orders
- The applicant shall serve the remainder of his sentence in prison.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KAKAMEGA
CRIMINAL REVISION NO. 288 OF 2015
LIVINGSTONE OPIENI KAIMOS ..................................................APPLICANT
VERSUS
REPUBLIC...................................................................................RESPONDENT
(Being a Revision from the order of Butere Principal Magistrate's Court CriminalCase No.104 of 2015
by Hon. E.S.Olwade, Principal Magistrate on 2nd April, 2015)
RULING ON REVISION
1. Livingstone Opieni Kaimos was charged with the offence of stealing contrary to section 275 of the Penal Code. He pleaded guilty to the charge and was convicted on his own plea of guilty. He was sentenced to serve two years imprisonment with effect from 2nd April, 2015.
2. The matter was referred to this court for revision of the applicant's sentence in accordance with the provisions of section 364 of the Criminal Procedure Code Cap 75, Laws of Kenya.
3. A Probation Officer's report dated 3rd December, 2015 indicates that the applicant has undergone counseling and spiritual empowerment sessions in prison. He has also learnt carpentry skills.
4. The Probation Officer however notes that the applicant needs more rehabilitation while in custody. The said Officer's recommendation is that the applicant is not suitable for a non-custodial sentence as the home environment is not conducive to support rehabilitation.
5. Having considered the probation report which is not favourable to the applicant, I decline to revise the sentence meted out to him by the trial court.
6. The applicant shall therefore serve the remainder of his sentence in prison.
It is so ordered.
DELIVERED, DATEDand SIGNEDat KAKAMEGAon this 29th day of April, 2016.
NJOKI MWANGI
JUDGE