[2023] KEHC 19798 (KLR)
The court declined to revise the custodial sentence to a non-custodial one because the applicant, having no permanent abode and being a street boy, could not be effectively supervised if released. The probation officer's report specifically recommended against a non-custodial sentence for these reasons. The court...
Source-derived case information.
- Citation
- [2023] KEHC 19798 (KLR)
- Parties
- Applicant: Eric Orina Machanda; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nyamira
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E055 of 2023
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Application for revision of sentence dismissed. Applicant to continue serving custodial sentence.
- Judges
- WA Okwany
- Legal Topics
- Housebreaking, Sentencing, Plea of Guilty, Probation Reports
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Eric Orina Machanda
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant should be granted a non-custodial sentence despite his conviction for housebreaking.
- 2 Whether the applicant's lack of a permanent abode and status as a street boy affects the suitability of a non-custodial sentence.
Ratio Decidendi
The court declined to revise the custodial sentence to a non-custodial one because the applicant, having no permanent abode and being a street boy, could not be effectively supervised if released. The probation officer's report specifically recommended against a non-custodial sentence for these reasons. The court found no sufficient grounds to interfere with the sentence imposed by the trial court, and thus ordered that the applicant continue serving the remainder of his sentence in custody.
Court Disposition
Application for revision of sentence dismissed. Applicant to continue serving custodial sentence.
Orders
- The applicant shall continue to serve the remaining part of his sentence in custody.
Full Case Text
Judgment text and source record
18 paragraphs
Machanda v Republic (Criminal Revision E055 of 2023) [2023] KEHC 19798 (KLR) (29 June 2023) (Ruling)
Neutral citation: [2023] KEHC 19798 (KLR)
Republic of Kenya
In the High Court at Nyamira
Criminal Revision E055 of 2023
WA Okwany, J
June 29, 2023
Between
Eric Orina Machanda
Applicant
and
Republic
Respondent
(From the original Conviction and Sentence in the Magistrates’ Court at Keroka, Criminal Case No. MCCR E290 of 2023 by Hon. B.M. Kimtai, Senior Principal Magistrate on 15thMarch 2023)
Ruling
1. The Applicant was convicted on his own plea of guilty for the offence of housebreaking contrary to section 304 (1) (a) of the Penal Code. The trial court sentenced him to serve 1-year imprisonment. The Applicant has already served 2 months in custody. The Report by Peter Mogusu Ayienda the Probation Officer filed on June 14, 2023 does not recommend a non-custodial sentence because the Applicant lacks a permanent abode and is a street boy whose supervision will be difficult. I hereby direct that the Applicant continues to serve the remaining part of his sentence in custody.
2. Orders accordingly.
DATED AND DELIVERED AT NYAMIRA ON THIS 29TH DAY OF JUNE 2023. W.A. OKWANYJUDGE