[2022] KEHC 16842 (KLR)
The court declined to revise the custodial sentence imposed on the applicant for the offence of stealing, finding that the presentence report classified him as a high risk and flight risk with no fixed abode, and that a non-custodial sentence would not serve the ends of justice. The applicant was already nearing...
Source-derived case information.
- Citation
- [2022] KEHC 16842 (KLR)
- Parties
- Applicant: Duncan Otieno Oduor; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E083 of 2022
- Procedural Posture
- Criminal Revision / Ruling on Application for Sentence Revision
- Outcome
- application for sentence revision dismissed
- Judges
- RE Aburili
- Legal Topics
- Sentence Revision, Stealing Offence, Penal Code Section 275
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Duncan Otieno Oduor
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Sentence Revision
Legal Issues
- 1 Whether the sentence imposed on the applicant for the offence of stealing should be revised.
- 2 Whether a non-custodial sentence is appropriate given the applicant's risk profile.
Ratio Decidendi
The court declined to revise the custodial sentence imposed on the applicant for the offence of stealing, finding that the presentence report classified him as a high risk and flight risk with no fixed abode, and that a non-custodial sentence would not serve the ends of justice. The applicant was already nearing completion of the 12-month sentence, and there was no compelling reason to interfere with the trial court's discretion. The application for sentence revision was therefore dismissed and the file closed.
Court Disposition
application for sentence revision dismissed
Orders
- Application for sentence revision is declined.
- File closed.
Full Case Text
Judgment text and source record
19 paragraphs
Oduor v Republic (Criminal Revision E083 of 2022) [2022] KEHC 16842 (KLR) (22 December 2022) (Ruling)
Neutral citation: [2022] KEHC 16842 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Revision E083 of 2022
RE Aburili, J
December 22, 2022
Between
Duncan Otieno Oduor
Applicant
and
Republic
Respondent
(Being an Application for sentence revision in Siaya CM’s Criminal Case No. E126 of 2022 delivered by Hon. B. Benjamin Limo, Senior Resident Magistrate on 16. 5.2022)
Ruling
1. The presentence report on the convict Duncan Otieno Oduor as filed on May 13, 2022 describes him as a high risk offender, a flight risk with no fixed abode. He deserted his home and has never met his parents since 2012 hence no one is responsible for his life. His parents are said to reside in Uganda.
2. As non-custodial sentence will not help the convict who is serving 12 months imprisonment for the offence of stealing contrary to section 268 as read with section 275 of the Penal Code, I decline to review the sentence imposed on him, since he is almost completing the same.
3. File closed. I so order.
DATED, SIGNED AND DELIVERED AT SIAYA, THIS 22ND DAY OF DECEMBER, 2022R.E. ABURILIJUDGE