[2023] KEHC 27458 (KLR)
The court found that the sentence review report dated 14th August 2023 was not favourable to the applicant. As a result, the court declined to revise the custodial sentence to a community service order. The applicant was ordered to serve his sentence in custody, as the requirements for a non-custodial sentence were...
Source-derived case information.
- Citation
- [2023] KEHC 27458 (KLR)
- Parties
- Applicant: Felix Onyango Ogoye; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E053 of 2023
- Procedural Posture
- Criminal Revision / Ruling on Sentence Review
- Outcome
- Application for sentence review dismissed. Applicant to serve sentence in custody.
- Judges
- MS Shariff
- Legal Topics
- Sentence Review, Community Service Order, Breaking and Entering
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Felix Onyango Ogoye
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Review
Legal Issues
- 1 Whether the applicant's sentence should be revised to a community service order.
- 2 Whether the sentence review report supports a non-custodial sentence.
Ratio Decidendi
The court found that the sentence review report dated 14th August 2023 was not favourable to the applicant. As a result, the court declined to revise the custodial sentence to a community service order. The applicant was ordered to serve his sentence in custody, as the requirements for a non-custodial sentence were not met according to the report and the applicable legal standards.
Court Disposition
Application for sentence review dismissed. Applicant to serve sentence in custody.
Orders
- The applicant shall serve his sentence in custody.
Full Case Text
Judgment text and source record
18 paragraphs
Ogoye v Republic (Criminal Revision E053 of 2023) [2023] KEHC 27458 (KLR) (18 October 2023) (Ruling)
Neutral citation: [2023] KEHC 27458 (KLR)
Republic of Kenya
In the High Court at Kisumu
Criminal Revision E053 of 2023
MS Shariff, J
October 18, 2023
Between
Felix Onyango Ogoye
Applicant
and
Republic
Respondent
Ruling
1. The Applicant Felix Onyango Ogoye was charged and convicted of the offence of breaking into a building and committing a felony contrary to Section 306 (a) of the Penal Code in Kisumu CM’s Cr. Case No. E228 of 2023. He was sentenced on 19th June, 2023 to serve 4 years imprisonment. He now applies for review of his sentence under the provisions of the Community Service Order.
2. I have perused the sentence review report dated 14th August 2023 and I find that the same is not favourable to the Applicant wherefore the Applicant shall serve his sentence in custody.
5. It is so ordered.
DELIVERED, SIGNED AND DATED AT KISUMU THIS 18THDAY OF OCTOBER, 2023. MWANAISHA S. SHARIFFJUDGE