[2024] KEHC 4390 (KLR)
The court found no sufficient reason to interfere with the sentence imposed by the Senior Principal Magistrate’s Court. After considering the Probation Officer’s Report, the High Court held that the sentence was appropriate and lawful. The application for revision was therefore declined, and the offender was ordered...
Source-derived case information.
- Citation
- [2024] KEHC 4390 (KLR)
- Parties
- Applicant: Alfred Ayore Madara; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E027 of 2024
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Application for revision declined; offender to serve out sentence; file closed.
- Judges
- DO Ogembo
- Legal Topics
- Sentence Revision, Probation Report, Magistrates Court Jurisdiction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Alfred Ayore Madara
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the sentence imposed by the Senior Principal Magistrate's Court in Criminal Case No. E225 of 2023 should be revised.
- 2 Whether the Probation Officer's Report warrants interference with the sentence.
Ratio Decidendi
The court found no sufficient reason to interfere with the sentence imposed by the Senior Principal Magistrate’s Court. After considering the Probation Officer’s Report, the High Court held that the sentence was appropriate and lawful. The application for revision was therefore declined, and the offender was ordered to serve out the sentence as imposed. The file was ordered closed, signifying the finality of the High Court’s intervention in the matter.
Court Disposition
Application for revision declined; offender to serve out sentence; file closed.
Orders
- The offender to serve out the sentence imposed by the Senior Principal Magistrate’s Court.
- File ordered closed.
Full Case Text
Judgment text and source record
18 paragraphs
Madara v Republic (Criminal Revision E027 of 2024) [2024] KEHC 4390 (KLR) (16 April 2024) (Ruling)
Neutral citation: [2024] KEHC 4390 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Revision E027 of 2024
DO Ogembo, J
April 16, 2024
Between
Alfred Ayore Madara
Applicant
and
Republic
Respondent
(Being an Application seeking Revision of sentence vide Criminal Case No. E225 of 2023 of Senior Principal Magistrate’s Court, Bondo dated 18/9/2023 delivered by S.W. Mathenge (SRM))
Ruling
1. I have considered the Probation Officer’s Report filed herein. The Offender to serve out the sentence.
2. File ordered closed.
DATED, SIGNED AND DELIVERED THIS 16TH DAY OF APRIL, 2024. D. O. OGEMBOJUDGE16/4/2024