[2018] KEHC 2254 (KLR)
The court determined that before considering the applicant's request for a non-custodial sentence, it is necessary to obtain a Probation Officer's report to assess the suitability of the applicant for such a sentence. The decision to revise the sentence will be guided by the findings and recommendations of the...
Source-derived case information.
- Citation
- [2018] KEHC 2254 (KLR)
- Parties
- Applicant: Moses Otieno Owiti; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 89 of 2018
- Procedural Posture
- Criminal Revision / Interlocutory Order on Sentence Revision Application
- Outcome
- Probation Officer's report ordered before determination of sentence revision application.
- Judges
- RE Aburili
- Legal Topics
- Sentence Revision, Non Custodial Sentence, Probation Report
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Moses Otieno Owiti
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Interlocutory Order on Sentence Revision Application
Legal Issues
- 1 Whether the applicant is suitable for a non-custodial sentence after conviction for breaking in a building and committing a felony.
- 2 Whether the sentence imposed should be revised based on the applicant's plea and circumstances.
Ratio Decidendi
The court determined that before considering the applicant's request for a non-custodial sentence, it is necessary to obtain a Probation Officer's report to assess the suitability of the applicant for such a sentence. The decision to revise the sentence will be guided by the findings and recommendations of the probation report, ensuring that the interests of justice and rehabilitation are balanced with the nature of the offence committed.
Court Disposition
Probation Officer's report ordered before determination of sentence revision application.
Orders
- A Probation Officer’s sentence review report to be filed by the Siaya County Probation Officer.
- Mention scheduled for 17/9/2018.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
HC. CR. REV. NO. 89 OF 2018
(CORAM: R. E. ABURILI - J.)
MOSES OTIENO OWITI........................APPLICANT
VERSUS
REPUBLIC............................................RESPONDENT
(Being an appeal against the sentence dated 16. 12. 2017 in Criminal Case No. 581 of 2017 in Siaya Law Court before Hon. J. Ongo’ondo - PM)
JUDGMENT
The Convict Moses Otieno Owitiwas on 6/12/2017 convicted of the offence of Breaking in a Building and committing a felony contrary to Sector 306(a) of the Penal Code. He was sentenced to serve 4 years imprisonment after pleading guilty to the charges.
On 26/4/2018 he applied to this court for revision of his sentence and pleads for non-custodial sentence.
I have considered the application.
I direct that a Probation Officer’s sentence review report be filed by the Siaya County Probation Officer to guide the Court in considering the suitability of the applicant convict for non-custodial sentence.
Mention on 17/9/2018.
Production Order to issue to the convict.
Dated, Signed and Delivered at SIAYA this 31ST day of August 2018.
R.E. ABURILI
JUDGE