[2023] KEHC 27484 (KLR)
The court found that the probation officer's report was unfavourable to the applicant, indicating that he was not a suitable candidate for a Community Service Order. Consequently, the court declined to substitute the custodial sentence with a Community Service Order and ordered that the applicant continue serving...
Source-derived case information.
- Citation
- [2023] KEHC 27484 (KLR)
- Parties
- Applicant: John Odhi Ambo Ng’Omo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E114 of 2023
- Procedural Posture
- Criminal Revision / Ruling on Sentence Review Application
- Outcome
- Application for sentence review dismissed; applicant to continue serving custodial sentence.
- Judges
- MS Shariff
- Legal Topics
- Sentence Review, Community Service Order, Custodial Sentence, Probation Report
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Odhi Ambo Ng’Omo
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Review Application
Legal Issues
- 1 Whether the applicant's custodial sentence should be reviewed and substituted with a Community Service Order.
Ratio Decidendi
The court found that the probation officer's report was unfavourable to the applicant, indicating that he was not a suitable candidate for a Community Service Order. Consequently, the court declined to substitute the custodial sentence with a Community Service Order and ordered that the applicant continue serving his sentence in custody.
Court Disposition
Application for sentence review dismissed; applicant to continue serving custodial sentence.
Orders
- The applicant shall continue serving his sentence in custody.
- File closed.
Full Case Text
Judgment text and source record
18 paragraphs
Ng’omo v Republic (Criminal Revision E114 of 2023) [2023] KEHC 27484 (KLR) (19 October 2023) (Ruling)
Neutral citation: [2023] KEHC 27484 (KLR)
Republic of Kenya
In the High Court at Kisumu
Criminal Revision E114 of 2023
MS Shariff, J
October 19, 2023
Between
John Odhi Ambo Ng’Omo
Applicant
and
Republic
Respondent
Ruling
1. The Applicant John Odhiambo Ngo’mo was charged and convicted of the offence of breaking into a building and committing a felony contrary to Section of 306 (a) of the Penal Code in Winam SPM’s Cr. Case No. E134 of 2023. He was sentenced on 5th April, 2023 to imprisonment for a period of 4 months. He now applies for review of his sentence under the provisions of the Community Service Order.
2. I have perused the sentence review report by Probation Officer, Winam and I find that the same is unfavourable to the Applicant. I thus order that the Applicant continues serving his sentence in custody.
4. File closed.
DELIVERED, SIGNED AND DATED AT KISUMU THIS 19TH DAY OF OCTOBER, 2023. MWANAISHA S. SHARIFFJUDGE