[2022] KEHC 12352 (KLR)
The court declined to revise the applicant's sentence or release him on a community service order, primarily due to the probation officer's report indicating violent tendencies and the applicant's prior conviction for grievous harm. The court found no sufficient reason to interfere with the sentence, emphasizing the...
Source-derived case information.
- Citation
- [2022] KEHC 12352 (KLR)
- Parties
- Applicant: Richard Agoro Mlwoto; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Busia
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E062 of 2022
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- application for revision rejected; applicant to continue serving sentence
- Judges
- JN Kamau
- Legal Topics
- Assault Causing Actual Bodily Harm, Sentencing, Probation Reports, Repeat Offender, Community Service Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Richard Agoro Mlwoto
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant should have his sentence revised and be released on a community service order.
- 2 Whether the applicant's prior criminal record and violent tendencies preclude his release.
Ratio Decidendi
The court declined to revise the applicant's sentence or release him on a community service order, primarily due to the probation officer's report indicating violent tendencies and the applicant's prior conviction for grievous harm. The court found no sufficient reason to interfere with the sentence, emphasizing the need to protect the community from repeat offenders with a history of violence. The applicant was advised that he may make a fresh application for consideration in the future, but for now, he must continue serving his sentence in custody.
Court Disposition
application for revision rejected; applicant to continue serving sentence
Orders
- The applicant shall continue to serve his sentence in custody.
- The applicant is at liberty to make a fresh application for consideration by the court.
Full Case Text
Judgment text and source record
16 paragraphs
Mlwoto v Republic (Criminal Revision E062 of 2022) [2022] KEHC 12352 (KLR) (1 August 2022) (Ruling)
Neutral citation: [2022] KEHC 12352 (KLR)
Republic of Kenya
In the High Court at Busia
Criminal Revision E062 of 2022
JN Kamau, J
August 1, 2022
Between
Richard Agoro Mlwoto
Applicant
and
Republic
Respondent
Ruling
1. The Applicant was charged with the offence of assault causing actual bodily harm contrary to Section 251 of the Penal Code Cap 63 (Laws of Kenya). He was arrested on 181/2021 and arraigned in Court on 19/1/2021. On 27/2/2021, he pleaded guilty to the charge and on 8/6/2021, he was sentenced to five (5) years imprisonment. He had since served about one and a half (1 ½ ) years of his five (5) years imprisonment. The Report of Celestine Orao Probation Officer dated 22/7/2022 does not recommend his release on community service order for the reason that he has violent tendencies. He left jail in 2020 after serving a seven (7) year jail term for the offence of grievous harm. I am not therefore persuaded that I should renew the sentence and reject the application to do so. It is hereby directed that the Applicant continues to serve his sentence in custody. He is at liberty to make fresh application for consideration by the Court. Orders accordingly.
DATED AND DELIVERED AT BUSIA ON THIS 1ST DAY OF AUGUST, 2022. J. KAMAUJUDGE