[2024] KEHC 7403 (KLR)
The court declined the application for sentence review on the basis that the probation report indicated the applicant's community and local administration were apprehensive about his release, fearing he would revert to criminal activities and alcoholism. The court found that these concerns rendered the applicant...
Source-derived case information.
- Citation
- [2024] KEHC 7403 (KLR)
- Parties
- Applicant: Peter Ochieng Obonyo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E087 of 2024
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Application for review of sentence declined. File marked as closed.
- Judges
- MS Shariff
- Legal Topics
- Sentence Review, Non Custodial Sentence, Probation Report
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Ochieng Obonyo
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant is fit to benefit from a non-custodial sentence upon review of his sentence.
- 2 Whether the concerns of the community and local administration regarding the applicant's potential recidivism justify declining sentence revision.
Ratio Decidendi
The court declined the application for sentence review on the basis that the probation report indicated the applicant's community and local administration were apprehensive about his release, fearing he would revert to criminal activities and alcoholism. The court found that these concerns rendered the applicant unfit to benefit from a non-custodial sentence, and therefore, the application for review was declined.
Court Disposition
Application for review of sentence declined. File marked as closed.
Orders
- The applicant's application for review of sentence is declined.
- This file is marked as closed.
Full Case Text
Judgment text and source record
19 paragraphs
Obonyo v Republic (Criminal Revision E087 of 2024) [2024] KEHC 7403 (KLR) (19 June 2024) (Ruling)
Neutral citation: [2024] KEHC 7403 (KLR)
Republic of Kenya
In the High Court at Kisumu
Criminal Revision E087 of 2024
MS Shariff, J
June 19, 2024
Between
Peter Ochieng Obonyo
Applicant
and
Republic
Respondent
Ruling
1. Whereas I had on 5. 4.2024 directed the Deputy Registrar to avail Tamu PMC CR. C. No. E180 of 2022 for perusal, that directive is yet to be complied with.
2. A pre-sentence review report dated 30. 4.2024 has been filed by the Probation Officer Kisumu and the same indicates that the Applicant’s community and local administration are apprehensive that, the Applicant will once released revert back to his criminal activities and alcoholism wherefore it is indicated that he is not fit to benefit from a non custodial sentence.
3. Premised upon the above findings the Applicant’s application herein for review of his sentence is hereby declined.
4. This file is marked as closed.
DELIVERED, SIGNED AND DATED AT KISUMU THIS 19TH DAY OF JUNE, 2024. M. S. SHARIFFJUDGE