[2024] KEHC 6340 (KLR)
The High Court found that the trial court had properly considered the applicant's mitigation, the time spent in remand custody, and the applicant's status as a first offender before sentencing. The sentence imposed was within the legal limits for the offence of store breaking and stealing, which carries a maximum of...
Source-derived case information.
- Citation
- [2024] KEHC 6340 (KLR)
- Parties
- Applicant: Fredrick Otieno Ogola; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 139 of 2024
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Sentence
- Outcome
- application dismissed
- Judges
- DR Kavedza
- Legal Topics
- Sentence Revision, Store Breaking, Stealing, Penal Code Section 306a
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Fredrick Otieno Ogola
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Whether the sentence imposed by the trial court was excessive or warranted revision.
- 2 Whether the applicant's mitigation and time spent in remand custody justified a reduction of sentence.
Ratio Decidendi
The High Court found that the trial court had properly considered the applicant's mitigation, the time spent in remand custody, and the applicant's status as a first offender before sentencing. The sentence imposed was within the legal limits for the offence of store breaking and stealing, which carries a maximum of seven years imprisonment. The court also considered the probation officer's report but found the seriousness of the offence outweighed any mitigating factors. There was no good cause or legal reason to interfere with or revise the sentence imposed by the trial court. Accordingly, the application for revision was dismissed.
Court Disposition
application dismissed
Orders
- The application for revision of sentence is dismissed.
Full Case Text
Judgment text and source record
19 paragraphs
Ogola v Republic (Criminal Revision 139 of 2024) [2024] KEHC 6340 (KLR) (27 May 2024) (Ruling)
Neutral citation: [2024] KEHC 6340 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Revision 139 of 2024
DR Kavedza, J
May 27, 2024
Between
Fredrick Otieno Ogola
Applicant
and
Republic
Respondent
Ruling
1. The applicant was charged and convicted for the offence of store breaking and stealing contrary to section 306(a) of the Penal Code. After a full trial he was convicted and sentenced to serve three (3) years imprisonment. The applicant has now filed the present application seeking a revision of sentence. The grounds raised are that the term of sentence served has been adequate.
2. I have considered the application, the grounds in support and the applicable law. From the record of the trial court, the court considered the applicant’s mitigation, the time spent in remand custody and the fact that the applicant was a first offender before sentencing. Having considered the application in its totality. The sentence imposed was also legal in the circumstances of the case.
3. In addition, the court called for the probation officer’s report which was considered. Notwithstanding the probation’s officer’s report, the offence is serious and carries a maximum of seven (7) years imprisonment.
4. In my view I find no good cause or reason to revise the sentence imposed by the trial court. The application dismissed.Orders accordingly.
RULING DATED AND DELIVERED VIRTUALLY THIS 27TH DAY OF MAY 2024_________________D. KAVEDZAJUDGE