[2023] KEHC 2788 (KLR)
The court held that it is not its role to determine the portion of sentence served by a convict; this responsibility lies with the prison authorities. In the absence of a letter of recommendation from the prison authorities for prison decongestion or evidence of the applicant's reformation, the court found no basis...
Source-derived case information.
- Citation
- [2023] KEHC 2788 (KLR)
- Parties
- Applicant: George Ochieng Olima; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E014 of 2023
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Non Custodial Sentence
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Sentencing, Non Custodial Sentence, Prison Decongestion, Conviction Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
George Ochieng Olima
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Non Custodial Sentence
Legal Issues
- 1 Whether the applicant is entitled to a non-custodial sentence after serving two-thirds of his sentence.
- 2 Whether the court has jurisdiction to alter the sentence without a recommendation from prison authorities.
Ratio Decidendi
The court held that it is not its role to determine the portion of sentence served by a convict; this responsibility lies with the prison authorities. In the absence of a letter of recommendation from the prison authorities for prison decongestion or evidence of the applicant's reformation, the court found no basis to grant the application for a non-custodial sentence. The application was therefore dismissed.
Court Disposition
application dismissed
Orders
- The application for a non-custodial sentence is dismissed.
- File closed.
Full Case Text
Judgment text and source record
21 paragraphs
Olima v Republic (Miscellaneous Criminal Application E014 of 2023) [2023] KEHC 2788 (KLR) (24 March 2023) (Ruling)
Neutral citation: [2023] KEHC 2788 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Criminal Application E014 of 2023
RE Aburili, J
March 24, 2023
Between
George Ochieng Olima
Applicant
and
Republic
Respondent
Ruling
1. The applicant/convict George Ochieng Olima was convicted and sentenced to serve ten (10) years imprisonment for the offence of severing wiring with intent to steal contrary to section 64A of the Energy Act No 12 of 2006.
2. This was vide Winam Principal Magistrate Criminal Case Number 330 of 2017. He does not state when he was convicted but he alleges to have been arrested on June 13, 2017.
3. He appealed to the High Court vide HCCRA No 68 of 2018 which was dismissed and now he applies for non custodial sentence on account that he has served 2/3 of the sentence.
4. It is not for this court to quantify the sentence served but the prison authorities. No prison’s authorities letter of recommendation for prison decongestion has been filed. There is nothing to show that the applicant is reformed.
5. I decline the application filed on March 17, 2023and dismiss it.
6. File closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 24TH DAY OF MARCH, 2023R. E. ABURILIJUDGE