[2022] KEHC 12809 (KLR)
The court found that the applicant, having served part of his custodial sentence and demonstrated remorse, was suitable for probation based on the Sentence Review Report. The court exercised its discretion to revise the sentence from imprisonment to probation for the remainder of the term, subject to compliance with...
Source-derived case information.
- Citation
- [2022] KEHC 12809 (KLR)
- Parties
- Applicant: Erick Ochieng; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E031 of 2022
- Procedural Posture
- Criminal Revision / Sentence Review Ruling
- Outcome
- Sentence revised; applicant released to probation for remainder of term with conditions.
- Judges
- RE Aburili
- Legal Topics
- Sentence Review, Probation Orders, Plea of Guilty, Registration of Persons, Remorse and Rehabilitation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Erick Ochieng
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Sentence Review Ruling
Legal Issues
- 1 Whether the applicant's sentence should be revised in light of his remorse and suitability for probation.
- 2 Whether the applicant should be ordered to register as a Kenyan citizen as part of probation conditions.
Ratio Decidendi
The court found that the applicant, having served part of his custodial sentence and demonstrated remorse, was suitable for probation based on the Sentence Review Report. The court exercised its discretion to revise the sentence from imprisonment to probation for the remainder of the term, subject to compliance with probation conditions. Additionally, the court ordered the applicant to apply for registration as a Kenyan citizen within one month of release, making this a condition of probation. The court emphasized the importance of rehabilitation and reintegration into the community, given the applicant's law-abiding history apart from the present offence.
Court Disposition
Sentence revised; applicant released to probation for remainder of term with conditions.
Orders
- The convict Erick Ochieng Otieno shall be released forthwith to serve probation for the remainder of his prison term, to be supervised by the Probation Officer, Bondo and to abide by the probationary conditions without breach or reoffending.
- During the period of probation, the applicant shall, upon release from prison and within one month, apply for registration as a Kenyan Citizen; failure to do so will be considered a breach of probation terms.
Full Case Text
Judgment text and source record
22 paragraphs
Ochieng v Republic (Criminal Revision E031 of 2022) [2022] KEHC 12809 (KLR) (8 August 2022) (Ruling)
Neutral citation: [2022] KEHC 12809 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Revision E031 of 2022
RE Aburili, J
August 8, 2022
Between
Erick Ochieng
Applicant
and
Republic
Respondent
(Being an Application for sentence review, arising from conviction and sentence at Bondo PM Magistrates’ Court in Criminal Case No. E1637/2021 by Hon. S.W. Mathenge, Resident Magistrate delivered on 9/11/2021)
Ruling
1. The convict Erick Ochieng was convicted on his own Plea of guilty for the offence of having or conveying suspected stolen property and sentenced to serve three (3) years imprisonment on 25/10/2021. He has served 9 months of the prison term.
2. Although he was also convicted for the offence of failing to register as a Kenyan citizen contrary to section 14(A) of the Registration of Persons Act, Cap 107 of the Laws of Kenya, he was never sentenced on this second Count.
3. From the Sentence Review Report, unlike the Presentence Report, the convict is suitable for probation as he is said to be remorseful and his father, the family and the community is ready to accept him back after a stint in prison. He is also said to have been law abiding save for this case.
4. For the above reasons, I make the following orders:a.The convict Erick Ochieng Otieno shall be released forthwith to serve probation for the remainder of his prison term, to be supervised by the Probation Officer, Bondo and to abide by the probationary conditions without breach or reoffending.b.That during the period that he shall be on probation, he shall, upon release from prison pursuant to this order, and within one month, apply for registration as a Kenyan Citizen without fail, and in default, that shall be considered to be breach of the Probation terms.
5. Orders accordingly.
6. File closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 8TH DAY OF AUGUST, 2022R.E. ABURILIJUDGE