[2023] KEHC 27102 (KLR)
The court found that the applicant, having been convicted and sentenced for a similar offence in a separate case and currently serving that sentence, is deemed a habitual offender. The probation officer's report was unfavorable, recommending against sentence review. The court held that there was no compelling reason...
Source-derived case information.
- Citation
- [2023] KEHC 27102 (KLR)
- Parties
- Applicant: Salim Kipkoech Omar; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E042 of 2023
- Procedural Posture
- Criminal Revision / Ruling on Application for Sentence Review
- Outcome
- application dismissed
- Judges
- JK Sergon
- Legal Topics
- Sentence Review, Habitual Offender, Stealing Offence, Probation Report
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Salim Kipkoech Omar
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Sentence Review
Legal Issues
- 1 Whether the applicant qualifies for a sentence review given he is serving another sentence for a similar offence.
- 2 Whether the court should interfere with the sentence imposed by the trial court.
Ratio Decidendi
The court found that the applicant, having been convicted and sentenced for a similar offence in a separate case and currently serving that sentence, is deemed a habitual offender. The probation officer's report was unfavorable, recommending against sentence review. The court held that there was no compelling reason to interfere with the sentence imposed by the trial court, and therefore dismissed the application for sentence review. The applicant is to serve the remainder of his custodial sentence as originally ordered.
Court Disposition
application dismissed
Orders
- The application for sentence review is dismissed.
- The applicant to serve the remaining term of his sentence while in custody.
Full Case Text
Judgment text and source record
23 paragraphs
Omar v Republic (Criminal Revision E042 of 2023) [2023] KEHC 27102 (KLR) (20 December 2023) (Ruling)
Neutral citation: [2023] KEHC 27102 (KLR)
Republic of Kenya
In the High Court at Kericho
Criminal Revision E042 of 2023
JK Sergon, J
December 20, 2023
Between
Salim Kipkoech Omar
Applicant
and
Republic
Respondent
Ruling
1. Salim Kipkoech Omar, hereinafter referred to as the Applicant was convicted of the offence of stealing contrary to section 268 (1) as read with section 275 of the Penal Code CAP 63 Laws of Kenya.
2. On 18th October, 2022, Hon. B.R. Kipyegon, the Learned Principal Magistrate sentenced the Applicant to serve three (3) years imprisonment.
3. The proceedings relating to the aforesaid case, that is Kericho CMC Case No. E2348 of 2022 Republic-vs-Salim Kipkoech Omar were placed before this Court pursuant to the provisions of section 362 and 364 of the Criminal Procedure Code CAP 75 Laws of Kenya.
4. The probation officer filed a sentence review report on 20th November, 2023. In the said report it was noted that the applicant is serving another sentence imposed in Kericho CM’s Criminal Case No. E2347 of 2022. In the previous case, the applicant was convicted of a similar offence and sentenced on 20th April, 2023. He committed the subsequent offence while undergoing trial for the instant offence.
5. The probation officer deemed him a habitual offender. The probation officer noted that the applicant was willing to abide with the terms and conditions for a non-custodial sentence, however, he did not qualify for sentence review in the instant file as he is serving another sentence for a similar offence.
6. The probation officer therefore recommended that the applicant did not qualify to benefit from a sentence review as he is currently serving another sentence of five (5) years for a similar offence in Criminal Case No. E2347 of 2022.
7. I have already stated that the sentence pronounced by the Learned Principal Magistrate. The Applicant has so far served one (1) year, two (2) months and is remaining with one (1) year, ten (10) months to complete his sentence.
8. Having considered the fact that the sentence review report is unfavourable, the instant application for sentence review is hereby dismissed. This court will not interfere with the sentence meted out by the trial court. The applicant to serve the remaining term of his sentence while in custody.
DATED, SIGNED AND DELIVERED THIS 20TH DAY OF DECEMBER, 2023. J.K. SERGONJUDGE