[2023] KEHC 27470 (KLR)
The court found that the probation officer's sentence review report was unfavourable to the applicant. In the absence of a favourable report, the court declined to substitute the custodial sentence with a Community Service Order. The applicant was therefore ordered to continue serving his original sentence in custody.
Source-derived case information.
- Citation
- [2023] KEHC 27470 (KLR)
- Parties
- Applicant: Kevin Odongo ‘alias’ Jasiaya; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E055 of 2023
- Procedural Posture
- Criminal Revision / Ruling on Sentence Review
- Outcome
- Application for sentence review dismissed. Applicant to continue serving custodial sentence.
- Judges
- MS Shariff
- Legal Topics
- Sentence Review, Community Service Orders, Shop Breaking, Attempted Stealing
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kevin Odongo ‘alias’ Jasiaya
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Review
Legal Issues
- 1 Whether the applicant's sentence should be revised and substituted with a Community Service Order.
Ratio Decidendi
The court found that the probation officer's sentence review report was unfavourable to the applicant. In the absence of a favourable report, the court declined to substitute the custodial sentence with a Community Service Order. The applicant was therefore ordered to continue serving his original 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
Odongo v Republic (Criminal Revision E055 of 2023) [2023] KEHC 27470 (KLR) (19 October 2023) (Ruling)
Neutral citation: [2023] KEHC 27470 (KLR)
Republic of Kenya
In the High Court at Kisumu
Criminal Revision E055 of 2023
MS Shariff, J
October 19, 2023
Between
Kevin Odongo ‘alias’ Jasiaya
Applicant
and
Republic
Respondent
Ruling
1. The Applicant Kevin Odongo ‘alias’ Jasiaya was charged and convicted of the offence of shop breaking and attempted stealing contrary to Section 307 of the Penal Code in Nyando SPM’s Cr. Case No. E259 of 2022. He was sentenced on 13th February, 2023 to imprisonment for a period of 2 years. 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, Nyando 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