[2022] KEHC 16849 (KLR)
The court found that the applicant, Samuel Odhiambo Ogolla, is a known burglar who has used government-issued police uniform to facilitate theft from innocent people. The presentence report and the local administration's input confirmed his unsuitability for a non-custodial sentence, particularly during the festive...
Source-derived case information.
- Citation
- [2022] KEHC 16849 (KLR)
- Parties
- Applicant: Samuel Odhiambo Ogolla; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E068 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, Possession of Government Property, Burglary, Non Custodial Sentence, Rehabilitation, Criminal Recidivism
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samuel Odhiambo Ogolla
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Sentence Revision
Legal Issues
- 1 Whether the applicant is suitable for a non-custodial sentence given his criminal history and the nature of the offence.
- 2 Whether the sentence imposed by the trial court should be revised.
Ratio Decidendi
The court found that the applicant, Samuel Odhiambo Ogolla, is a known burglar who has used government-issued police uniform to facilitate theft from innocent people. The presentence report and the local administration's input confirmed his unsuitability for a non-custodial sentence, particularly during the festive season when such offences may increase. The court determined that the custodial sentence imposed by the trial court was appropriate and necessary for rehabilitation and public protection. There was no legal or factual basis to interfere with or revise the sentence. Accordingly, the application for sentence revision was declined.
Court Disposition
application for sentence revision declined
Orders
- Application for sentence revision is declined.
- File closed.
Full Case Text
Judgment text and source record
21 paragraphs
Ogolla v Republic (Criminal Revision E068 of 2022) [2022] KEHC 16849 (KLR) (22 December 2022) (Ruling)
Neutral citation: [2022] KEHC 16849 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Revision E068 of 2022
RE Aburili, J
December 22, 2022
Between
Samuel Odhiambo Ogolla
Applicant
and
Republic
Respondent
(Being an Application for sentence revision in Siaya CM’s Criminal Case No. E345 of 2022 delivered by Hon L Simiyu, Principal Magistrate on 10. 11. 2022)
Ruling
1. The presentence report filed on the convict Samwel Odhiambo Ogolla reveals that he is a known burglar and unsuitable for non-custodial sentence especially during this festive season. He has hardly spent 2 months in jail of the 9 months imprisonment imposed for being in possession of Government stores namely, jungle police uniform.
2. The local administration disowned his lie that his uncle used to be a police officer in Kilifi. The convict uses jungle uniform to steal from innocent people.
3. He requires rehabilitation in prison,
4. I decline to review his sentence.
5. File closed. I so order.
DATED, SIGNED AND DELIVERED AT SIAYA, THIS 22ND DAY OF DECEMBER, 2022R.E. ABURILIJUDGE