[2022] KEHC 16847 (KLR)
The court found that the applicant, Brian Owuor Marenya, was unsuitable for a non-custodial sentence based on the presentence report, which highlighted his involvement in thefts, dangerous associations, and lack of a fixed abode. The court held that rehabilitation in prison was appropriate and declined to revise the...
Source-derived case information.
- Citation
- [2022] KEHC 16847 (KLR)
- Parties
- Applicant: Brian Owuor Marenya; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E071 of 2022
- Procedural Posture
- Criminal Revision / Ruling on Application for Sentence Revision
- Outcome
- Application for sentence revision dismissed.
- Judges
- RE Aburili
- Legal Topics
- Sentence Revision, Stock Theft, Plea of Guilty, Non Custodial Sentence, Presentence Report
- 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
Brian Owuor Marenya
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Sentence Revision
Legal Issues
- 1 Whether the applicant is suitable for sentence revision from a custodial to a non-custodial sentence.
- 2 Whether the presentence report supports the applicant's request for sentence review.
Ratio Decidendi
The court found that the applicant, Brian Owuor Marenya, was unsuitable for a non-custodial sentence based on the presentence report, which highlighted his involvement in thefts, dangerous associations, and lack of a fixed abode. The court held that rehabilitation in prison was appropriate and declined to revise the custodial sentence imposed by the trial court. The application for sentence revision was therefore dismissed.
Court Disposition
Application for sentence revision dismissed.
Orders
- The application for sentence revision is declined.
- The applicant to serve the original custodial sentence as imposed.
Full Case Text
Judgment text and source record
19 paragraphs
Marenya v Republic (Criminal Revision E071 of 2022) [2022] KEHC 16847 (KLR) (22 December 2022) (Ruling)
Neutral citation: [2022] KEHC 16847 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Revision E071 of 2022
RE Aburili, J
December 22, 2022
Between
Brian Owuor Marenya
Applicant
and
Republic
Respondent
(Being an Application for sentence revision in Siaya CM’s Criminal Case No. E229 of 2022 delivered by Hon. B. Benjamin Limo, Senior Resident Magistrate on 8. 9.2022)
Ruling
1. The Presentence report filed in September 2022 reveals that the convict Brian Owuor Marenya is not suitable for non-custodial sentence as he keeps dangerous company and is involved in thefts. He was sentenced to serve 2 years imprisonment on his own plea of guilty for the offence of stock theft contrary to Section 278 of the Penal Code. That he is 28 years old with no abode.
2. I find the convict herein Brian Owuor Marenya unsuitable for the sentence review. I decline to revise his sentence and let him be rehabilitated in prison first.
3. File closed. I so order.
DATED, SIGNED AND DELIVERED AT SIAYA, THIS 22NDDAY OF DECEMBER, 2022R.E. ABURILIJUDGE