[2024] KEHC 11281 (KLR)
The court found that there was no merit in the application for sentence review because the applicant failed to annex court proceedings or provide sufficient material for the court to consider the circumstances under which the offence was committed or the extent of loss suffered by the complainant. The absence of...
Source-derived case information.
- Citation
- [2024] KEHC 11281 (KLR)
- Parties
- Applicant: Kelvin Omondi Okumu; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E122 of 2024
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Sentence Review Application
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Sentence Review, Obtaining by False Pretences, Probation Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Kelvin Omondi Okumu
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Sentence Review Application
Legal Issues
- 1 Whether the applicant's sentence should be reviewed from imprisonment to probation.
- 2 Whether the applicant's personal circumstances justify a reduction of sentence.
Ratio Decidendi
The court found that there was no merit in the application for sentence review because the applicant failed to annex court proceedings or provide sufficient material for the court to consider the circumstances under which the offence was committed or the extent of loss suffered by the complainant. The absence of such information meant the court could not justify interfering with the original sentence imposed by the trial court. Consequently, the application for review was dismissed and the file closed.
Court Disposition
application dismissed
Orders
- The application for review of sentence is dismissed.
- This file is closed.
Full Case Text
Judgment text and source record
21 paragraphs
Okumu v Republic (Miscellaneous Criminal Application E122 of 2024) [2024] KEHC 11281 (KLR) (25 September 2024) (Ruling)
Neutral citation: [2024] KEHC 11281 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Criminal Application E122 of 2024
RE Aburili, J
September 25, 2024
Between
Kelvin Omondi Okumu
Applicant
and
Republic
Respondent
(From the original conviction and sentence in Kisumu Chief Magistrate’s Court Criminal Case No. E739 of 2022)
Ruling
1. The Applicant/Convict is Kevin Omondi Okumu who was sentenced to serve 4 years’ imprisonment for the offence of obtaining by false pretences vide Kisumu CMCRC No. E739 of 2022.
2. He claims that now he is remorseful and seeks for review of sentence to probation. That he is an orphan and sole breadwinner of his family.
3. There are no court proceedings annexed for this court to consider circumstances under which the offence was committed and how much the complainant lost through the convict’s fraudulent activities.
4. I find no merit in the application which I hereby dismiss.
5. This file is closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 25TH DAY OF SEPTEMBER, 2024R. E. ABURILIJUDGE