[2022] KEHC 12825 (KLR)
The court found that the applicant had demonstrated willingness to reform, had significant family responsibilities, and was disabled. The Sentence Review Report was positive and recommended probation. In the context of prison decongestion and rehabilitation, these factors justified revising the custodial sentence....
Source-derived case information.
- Citation
- [2022] KEHC 12825 (KLR)
- Parties
- Applicant: Jorim Onyango Okuku; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E029 of 2022
- Procedural Posture
- Criminal Revision / Sentence Review Ruling
- Outcome
- Application for sentence review allowed. Custodial sentence revised to probation for the remainder of the term.
- Judges
- RE Aburili
- Legal Topics
- Sentence Review, Probation Orders, Mitigation, Rehabilitation, Prison Decongestion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jorim Onyango Okuku
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Sentence Review Ruling
Legal Issues
- 1 Whether the applicant should be released from prison to serve the remainder of his sentence on probation.
- 2 Whether the positive Sentence Review Report and mitigating circumstances justify a revision of the custodial sentence.
Ratio Decidendi
The court found that the applicant had demonstrated willingness to reform, had significant family responsibilities, and was disabled. The Sentence Review Report was positive and recommended probation. In the context of prison decongestion and rehabilitation, these factors justified revising the custodial sentence. The court therefore ordered that the applicant be released from prison to serve the remainder of his sentence on probation, under supervision of the Probation Officer.
Court Disposition
Application for sentence review allowed. Custodial sentence revised to probation for the remainder of the term.
Orders
- The applicant Jorim Onyango Okuku shall be released from prison to serve probation for the remainder of his concurrent prison sentence, from the date of his release.
- He shall be closely supervised, guided and counseled by the Probation Officer, Bondo.
Full Case Text
Judgment text and source record
23 paragraphs
Okuku v Republic (Criminal Revision E029 of 2022) [2022] KEHC 12825 (KLR) (8 August 2022) (Ruling)
Neutral citation: [2022] KEHC 12825 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Revision E029 of 2022
RE Aburili, J
August 8, 2022
Between
Jorim Onyango Okuku
Applicant
and
Republic
Respondent
(Being an Application seeking sentence review, arising from conviction and sentence in Bondo PM Magistrates’ Court Criminal Case No. E1428/2021 by Hon. J.P. Nandi, Principal Magistrate on 12/4/2022)
Ruling
1. The convict is Jorim Onyango Okuku. He was convicted for the offences of preparation to commit a felony and for wearing uniform without authority and sentenced to serve one (1) year on each count. Sentences to run concurrently, from 12. 4.2022, which is about 4 months ago.
2. Sentences were imposed after mitigation and Presentence report was called for and considered by the trial court.
3. The Presentence report was negative on the release of the convict. However, the Sentence Review Report filed on 2/8/2022 is positive and the Probation Officer recommends that the convict be considered for probation sentence for the remaining period of his sentence.
4. I have considered all the mitigating circumstance described in the Sentence Review Report and the community attitude and the attitude of the convict towards rehabilitation and reformation. I am also alive to the fact that the convict is willing to change and amend his ways and to live harmoniously with the rest of the people in the society as he has a family that solely depends on him, including allegedly, his late brother’s orphaned children. He is also disabled in the right hand.
5. In the spirit of prison decongestion, I hereby order that the convict Jorim Onyango Okuku shall be released from prison to serve probation for the remainder of his concurrent prison sentence, from the date of his release. He shall be closely supervised, guided and counseled by the Probation Officer, Bondo.
6. I so order.
7. File closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 8TH DAY OF AUGUST, 2022R.E. ABURILIJUDGE