[2022] KEHC 16839 (KLR)
The court declined to revise the applicant's custodial sentence after considering the probation officer's report, which described the applicant as a habitual offender and highlighted the risk of community retaliation if he were released. The court found that a custodial sentence was appropriate for rehabilitation...
Source-derived case information.
- Citation
- [2022] KEHC 16839 (KLR)
- Parties
- Applicant: Bovin Otieno Ofunyo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E098 of 2022
- Procedural Posture
- Criminal Revision / Ruling on Application for Sentence Revision
- Outcome
- Application for sentence revision declined.
- Judges
- RE Aburili
- Legal Topics
- Sentence Revision, Burglary, Stealing, Probation Reports, Custodial Sentences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Bovin Otieno Ofunyo
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Sentence Revision
Legal Issues
- 1 Whether the applicant's sentence for burglary and stealing should be revised.
- 2 Whether the circumstances and probation report justify a non-custodial sentence.
Ratio Decidendi
The court declined to revise the applicant's custodial sentence after considering the probation officer's report, which described the applicant as a habitual offender and highlighted the risk of community retaliation if he were released. The court found that a custodial sentence was appropriate for rehabilitation and public safety, especially given the impracticality of supervision during the festive season. The applicant's remorse and promise not to reoffend were noted but did not outweigh the need for a custodial sentence under the circumstances. The court ordered that the case be revisited in the next term with a prison report on the applicant's conduct.
Court Disposition
Application for sentence revision declined.
Orders
- Sentence not revised; custodial sentence to stand.
- Case to be revisited next term with a prison report on the applicant's character and conduct.
Full Case Text
Judgment text and source record
23 paragraphs
Ofunyo v Republic (Criminal Revision E098 of 2022) [2022] KEHC 16839 (KLR) (20 December 2022) (Ruling)
Neutral citation: [2022] KEHC 16839 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Revision E098 of 2022
RE Aburili, J
December 20, 2022
Between
Bovin Otieno Ofunyo
Applicant
and
Republic
Respondent
(Being an Application for sentence revision in Ukwala PM’s Criminal Case No. E121 of 2022 delivered by Hon. C.I. Agutu, Senior Resident Magistrate on 19. 10. 2022)
Ruling
1. On October 19, 2022, the convict Bovin Otieno Ofunyo was sentenced to serve one (1) year imprisonment for the offence of burglary and stealing. This was after he pleaded guilty to charge.
2. The probation officer’s presentence report filed in court shows that the offender though a 21 year old, is a habitual offender and that the community around him are baying for his blood to lynch him should he be released. He therefore recommends custodial sentence to help him learn the lessons and be rehabilitated.
3. The offender was remorseful and promised not to reoffend. He however abuses bhang and during this festive season, it will not be possible to supervise him on CSO or probation.
4. I decline to revise his sentence.
5. His case shall be revisited next term with a prison report on his character and conduct.
6. File closed.
7. I so order.
DATED, SIGNED AND DELIVERED AT SIAYA, THIS 20TH DAY OF DECEMBER, 2022. R.E. ABURILIJUDGE