[2022] KEHC 12837 (KLR)
The court found that the applicant, Paul Baraza Oluoch, is a repeat offender who previously breached the terms of a community service order after being convicted for the same offence. The Probation Officer's report indicated that he is a notorious supplier of Cannabis sativa and has shown no remorse for his actions....
Source-derived case information.
- Citation
- [2022] KEHC 12837 (KLR)
- Parties
- Applicant: Paul Baraza Oluoch; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E040 of 2022
- Procedural Posture
- Criminal Revision / Sentence Review Ruling
- Outcome
- Sentence review application dismissed; original sentence upheld.
- Judges
- RE Aburili
- Legal Topics
- Sentencing Review, Recidivism, Possession of Narcotics
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Paul Baraza Oluoch
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Sentence Review Ruling
Legal Issues
- 1 Whether the applicant is suitable for a non-custodial sentence upon review of his conviction for possession of Cannabis sativa.
- 2 Whether the applicant's previous conduct and breach of community service order terms affect his eligibility for sentence revision.
Ratio Decidendi
The court found that the applicant, Paul Baraza Oluoch, is a repeat offender who previously breached the terms of a community service order after being convicted for the same offence. The Probation Officer's report indicated that he is a notorious supplier of Cannabis sativa and has shown no remorse for his actions. Given these aggravating factors, the court determined that the applicant is not suitable for a non-custodial sentence. Consequently, the court upheld the original sentence of one year imprisonment or payment of a fine of Kshs 50,000 as imposed by the trial court, finding no justification for sentence reduction or substitution with a non-custodial option.
Court Disposition
Sentence review application dismissed; original sentence upheld.
Orders
- The applicant shall serve the full prison term of 1 year imprisonment as imposed on April 27, 2022 or pay the fine of Kshs 50,000 as imposed by the trial court.
- File closed.
Full Case Text
Judgment text and source record
19 paragraphs
Oluoch v Republic (Criminal Revision E040 of 2022) [2022] KEHC 12837 (KLR) (8 August 2022) (Ruling)
Neutral citation: [2022] KEHC 12837 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Revision E040 of 2022
RE Aburili, J
August 8, 2022
Between
Paul Baraza Oluoch
Applicant
and
Republic
Respondent
(An Application seeking sentence review, arising from conviction and sentence in Bondo PM Magistrates’ Court Criminal Case No E110/2022 by Hon J P Nandi, Principal Magistrate on 27/4/2022)
Ruling
1. From the Sentence Review Report which was filed on August 2,2022 and which I have considered in detail, the convict Paul Baraza Oluoch is a recidivist. He was convicted earlier on for the same offence of being in possession of Cannabis sativa, his sentence reviewed in 2021 and placed on community service at Bondo Probation Office but he absconded only to be rearrested for the same offence. Having breached CSO terms earlier on and on account that he is a notorious supplier of Cannabis sativa and does not regret his serious criminal tendencies, I find him not suitable for non-custodial sentence as correctly observed by the Probation Officer, Joy Beatrice Appollos. The convict Paul Baraza Oluoch shall accordingly serve full prison term of 1 year imprisonment as imposed on April 27, 2022 or to pay the lenient fine of Kshs 50,000/= imposed by the trial court.
2. File closed.
3. Orders accordingly.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 8TH DAY OF AUGUST, 2022R E ABURILIJUDGE