[2018] KEHC 2736 (KLR)
The court found that the sentence of three years imprisonment was lenient given the gravity of the offence, which involved preparation to commit a felony with potential for serious harm to persons or property. The applicant's status as a first offender and claims of remorse did not outweigh the need for deterrence...
Source-derived case information.
- Citation
- [2018] KEHC 2736 (KLR)
- Parties
- Applicant: Manasses Otieno Oloo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 162 of 2018
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Sentence
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Sentencing Principles, Revision of Sentence, Preparation to Commit Felony
- 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
Manasses Otieno Oloo
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Whether the sentence of 3 years imprisonment for preparation to commit a felony was excessive or warranted revision.
- 2 Whether the applicant's status as a first offender and claims of remorse justified a non-custodial sentence.
Ratio Decidendi
The court found that the sentence of three years imprisonment was lenient given the gravity of the offence, which involved preparation to commit a felony with potential for serious harm to persons or property. The applicant's status as a first offender and claims of remorse did not outweigh the need for deterrence and societal protection. The court held that one month in prison is insufficient for reformation in such cases, and the three-year sentence was appropriate and lawful. Therefore, there was no basis for revision of the sentence.
Court Disposition
application dismissed
Orders
- Application for revision of sentence is dismissed.
- Applicant to serve the sentence as originally imposed.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
HC. CR. REV. NO. 162 OF 2018
(CORAM: R. E. ABURILI - J.)
MANASSES OTIENO OLOO.................................................APPLICANT
VERSUS
REPUBLIC............................................................................RESPONDENT
(Being an Application against the Sentence dated 12. 9.2018 in Criminal Case No. 126 of 2018 at SIAYA Law Courts, PM’s Court before Hon. J. O. Ongondo, PM)
RULING
On 12th September 2018, the applicant herein was convicted of the offence of preparation to convict a felony contrary to Section 308(2) of the Penal Code. He was sentenced to serve 3 years imprisonment vide Siaya PM Cr. Case No. 126/2018.
He does not challenge the conviction and sentence. He only seeks for revision of the sentence claiming he is a first offender, he is remorseful and sole breadwinner of his family. That he has reformed and prays for non-custodial sentence. The applicant was jointly charged with 5 others.
The maximum sentence for preparation to convict a felony is ten (10) years. The applicant was only given 3 years which in my view is very lenient as the offence the Applicant with others were preparing to commit could have led to loss of life or limbs or property.
One month in prison cannot in my view reform a convicted criminal who has chosen to work in concert with other many criminals to prepare to commit crimes to disturb the peace and harmony in society.
The 3 years imprisonment was lenient and sufficient to enable the convict reform while in prison. He can learn some trades and skills so that when he gets out he can be useful to the community. He will learn that crime does not pay.
Accordingly, I find the Application for Revision of Sentence unmerited. The same is dismissed. The Applicant to serve sentence meted out as by law established.
File closed.
Dated, Signed and Delivered at SIAYA this 31st Day of October 2018.
R.E. ABURILI
JUDGE