[2023] KEHC 3313 (KLR)
The court found the applicant unsuitable for a non-custodial sentence based on the Probation Officer's report, which highlighted his status as a recidivist, lack of a fixed abode, absence of community support, and high risk of reoffending. The home environment was deemed unsafe for his release, and the interests of...
Source-derived case information.
- Citation
- [2023] KEHC 3313 (KLR)
- Parties
- Applicant: Ernest Okoko Michael; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E072 of 2022
- Procedural Posture
- Criminal Revision / Ruling on Application for Sentence Revision
- Outcome
- Application for sentence revision declined and dismissed. Applicant to serve full prison term.
- Judges
- RE Aburili
- Legal Topics
- Sentence Revision, House Breaking, Recidivism, Non Custodial Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ernest Okoko Michael
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Sentence Revision
Legal Issues
- 1 Whether the applicant is suitable for a non-custodial sentence upon revision of his custodial sentence.
- 2 Whether the sentence imposed by the trial court should be revised in light of the applicant's circumstances.
Ratio Decidendi
The court found the applicant unsuitable for a non-custodial sentence based on the Probation Officer's report, which highlighted his status as a recidivist, lack of a fixed abode, absence of community support, and high risk of reoffending. The home environment was deemed unsafe for his release, and the interests of justice and public safety required that he serve the full custodial sentence. Consequently, the application for sentence revision was declined and dismissed.
Court Disposition
Application for sentence revision declined and dismissed. Applicant to serve full prison term.
Orders
- The request for sentence revision is declined and dismissed.
- The applicant shall serve the full prison term.
Full Case Text
Judgment text and source record
23 paragraphs
Michael v Republic (Criminal Revision E072 of 2022) [2023] KEHC 3313 (KLR) (13 April 2023) (Ruling)
Neutral citation: [2023] KEHC 3313 (KLR)
Republic of Kenya
In the High Court at Kisumu
Criminal Revision E072 of 2022
RE Aburili, J
April 13, 2023
Between
Ernest Okoko Michael
Applicant
and
Republic
Respondent
Ruling
1. This matter was initiated on July 8, 2022 for sentence revision arising from conviction and sentence in Maseno Senior Principal Magistrate’s Court Criminal Case No 391 of 2019 Republic vs Ernest Okoko Michael who was sentenced to serve five (5) years imprisonment on December 17, 2019 for the offence of House breaking contrary to Section 304 (1) (b) and stealing contrary to Section 279 (b) of thePenal Code.
2. He is to complete sentence on December 16, 2024. However, the file was not acted upon.
3. I have perused the Probation Officer’s Sentence Review Report filed on June 22, 2022 which does not recommend non-custodial sentence for the safety of the Convict as the community was said to be bitter with his behaviour as he is a recidivist who served three (3) years at Shikusa Borstal in 2010 where he trained in electrical wiring and later advanced at Maseno Polytechnic but that despite the fact that he eked a living from electrical and wiring profession, he was a criminal with no fixed abode since no one in his community wanted to accommodate him.
4. That he was a high risk of repeating the offence as the home environment was not conducive for his release.
5. For the above reasons, I find the Convict unsuitable for non-custodial sentence. He shall serve full prison term.
6. The request for sentence revision is declined and dismissed.
7. Order to be extracted.
8. File closed.
Dated, Signed and Delivered at Kisumu this 13th Day of April, 2023R. E. ABURILIJUDGE