[2022] KEHC 11011 (KLR)
The court declined to revise the applicant's custodial sentence because the probation report did not recommend his release on community service order or probation. The applicant had only one and a half months left to serve, and no exceptional circumstances were presented to warrant early release. The court found no...
Source-derived case information.
- Citation
- [2022] KEHC 11011 (KLR)
- Parties
- Applicant: David Odhiambo Odongo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Busia
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E055 of 2022
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Application for revision of sentence declined. Applicant to complete sentence in custody.
- Judges
- JN Kamau
- Legal Topics
- Theft of Motor Vehicle, Sentencing Review, Probation and Community Service, Penal Code Section 278a
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
David Odhiambo Odongo
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant's sentence should be revised to allow for release on community service order or probation.
- 2 Whether the applicant is suitable for release before completion of his custodial sentence.
Ratio Decidendi
The court declined to revise the applicant's custodial sentence because the probation report did not recommend his release on community service order or probation. The applicant had only one and a half months left to serve, and no exceptional circumstances were presented to warrant early release. The court found no basis to interfere with the original sentence and directed that the applicant complete the remainder of his sentence in custody.
Court Disposition
Application for revision of sentence declined. Applicant to complete sentence in custody.
Orders
- The application for revision of sentence is declined.
- The applicant shall complete the remainder of his sentence in custody.
Full Case Text
Judgment text and source record
17 paragraphs
Odongo v Republic (Criminal Revision E055 of 2022) [2022] KEHC 11011 (KLR) (1 August 2022) (Ruling)
Neutral citation: [2022] KEHC 11011 (KLR)
Republic of Kenya
In the High Court at Busia
Criminal Revision E055 of 2022
JN Kamau, J
August 1, 2022
ORIGINALLY CR CASE NO E1642 OF 2021
Between
David Odhiambo Odongo
Applicant
and
Republic
Respondent
Ruling
1. The Applicant was charged with the offence of theft of a motor vehicle contrary to Section 278 (A) of the Penal Code Cap 63 (Laws of Kenya). He admitted the charge and was sentenced two (2) years imprisonment on 24/5/2021 having been arraigned in Court. He has served one (1) year and two (2) months in prison. His early date of release is 24/9/2022. The Report by Ezekiel Wesonga Probation/Community Service order filed on 29/7/2022 does not recommend his release on community service order. As the Applicant only has about one and a half (1 ½ ) months to finish his sentence and was not found suitable to be released on probation, I hereby decline to review the sentence and direct that he completes the remainder of his sentence in custody. Orders accordingly.
DATED and DELIVERED at BUSIA on this 1ST day of AUGUST 2022. J. KAMAUJUDGE