[2019] KEHC 11842 (KLR)
The court found that the sentence of one year imprisonment for the offence of stealing a motorcycle was both lawful and lenient, especially considering the appellant's association with a group engaged in serious crimes. The court agreed with the probation officer's assessment that the appellant required...
Source-derived case information.
- Citation
- [2019] KEHC 11842 (KLR)
- Parties
- Appellant: Nobert Omondi Orro; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 51 ‘B’ of 2018
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Sentence
- Outcome
- application for revision of sentence dismissed
- Judges
- RE Aburili
- Legal Topics
- Sentencing, Revision of Sentence, Theft Offences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nobert Omondi Orro
Appellant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Whether the sentence imposed on the appellant for stealing a motorcycle should be revised.
- 2 Whether the appellant's circumstances justify a reduction or alteration of the custodial sentence.
Ratio Decidendi
The court found that the sentence of one year imprisonment for the offence of stealing a motorcycle was both lawful and lenient, especially considering the appellant's association with a group engaged in serious crimes. The court agreed with the probation officer's assessment that the appellant required rehabilitation in prison for his own benefit and for the safety of society. There was no legal or factual basis to revise the sentence, and early release could be detrimental to both the appellant and the public. Accordingly, the application for revision was rejected and the appellant was ordered to serve the full sentence.
Court Disposition
application for revision of sentence dismissed
Orders
- Application for revision of sentence rejected and dismissed.
- Appellant to serve full sentence in prison.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
CRIMINAL DIVISION
SIAYA CR. REV. NO. 51 ‘B’ OF 2018.
NOBERT OMONDI ORRO...............................................APPELLANT
VERSUS
REPUBLIC......................................................................RESPONDENT
(Being an application for Revision of sentence in PMCRC No. 277 of 2019
dated 20. 6.2019 Before Hon. M. Mwangi – R.M.).
RULING
1. On 26. 6.2019 the Convict Norbert Omondi Orro was sentenced to serve 1 year imprisonment for the offence of stealing a motor cycle. This was after a full trial and the Court considering the recommendations by the Probation Officer, Siaya County vide Siaya P.M. Cr. C No. 277 of 2019.
2. It is hardly 4 months after the said conviction and sentence. The Probation Officer observed and the Court agreed that the Convict had joined a bad group which is engaged in serious crimes. He requires rehabilitation in prison for him to reform. He is 26 years old.
3. Prison will in my view, help him reform. The sentence meted out was lenient and lawful.
4. I decline to revise the sentence for the benefit of the Convict whose release might be harmful to himself and order that he serves full sentence in prison.
5. Application for revision of sentence rejected and dismissed.
6. File closed.
DATED AT SIAYA THIS 26 DAY OF SEPTEMBER, 2019.
HON. LADY JUSTICE R. E. ABURILI
JUDGE