[2023] KEHC 3750 (KLR)
The court found that the sentence of two years' imprisonment imposed on the applicant, who pleaded guilty to shop breaking and committing a felony, was neither harsh nor excessive. The presentence report indicated the applicant had a history of theft and gang involvement, making him unsuitable for a non-custodial...
Source-derived case information.
- Citation
- [2023] KEHC 3750 (KLR)
- Parties
- Applicant: David Ombega; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E609 of 2022
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Sentence
- Outcome
- Application for revision of sentence dismissed.
- Judges
- HM Nyaga
- Legal Topics
- Shop Breaking, Plea of Guilty, Sentencing Principles, Presentence Reports
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
David Ombega
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Whether the sentence imposed on the applicant was harsh or excessive.
- 2 Whether the applicant is suitable for a non-custodial sentence given his criminal history.
Ratio Decidendi
The court found that the sentence of two years' imprisonment imposed on the applicant, who pleaded guilty to shop breaking and committing a felony, was neither harsh nor excessive. The presentence report indicated the applicant had a history of theft and gang involvement, making him unsuitable for a non-custodial sentence. Accordingly, there was no basis to interfere with the trial court's sentence, and the applicant was to continue serving the remainder of his custodial term.
Court Disposition
Application for revision of sentence dismissed.
Orders
- The applicant shall continue serving the remainder of his sentence in custody.
Full Case Text
Judgment text and source record
21 paragraphs
Ombega v Republic (Criminal Revision E609 of 2022) [2023] KEHC 3750 (KLR) (27 April 2023) (Ruling)
Neutral citation: [2023] KEHC 3750 (KLR)
Republic of Kenya
In the High Court at Nakuru
Criminal Revision E609 of 2022
HM Nyaga, J
April 27, 2023
Between
David Ombega
Applicant
and
Republic
Respondent
Ruling
1. The Applicant David Ombega was convicted on his own plea of guilty for the offence of Shop breaking and committing a felony contrary to Section 306(a) of the Penal Code.
2. The particulars were that on October 29, 2022 at Mukinyai Trading Centre in Molo Sub- County of Nakuru County, jointly with others not before court broke and entered into a building namely barber shop of one Joseph Njuguna Wanjiku with intent to commit a felony.
3. On November 21, 2022, he was sentenced to serve 2 years’ imprisonment.
4. The Presentence Report by Newton Majale recommends that the Applicant is not suitable for a non-custodial sentence on grounds that he has previous theft cases solved locally to no avail and that he also belongs to a gang that steals from people.
5. The sentence imposed by the trial court cannot be said to be harsh or excessive.
6. In light of the above report, the Applicant should continue serving the remainder of his sentence in custody.
DATED, SIGNED & DELIVERED AT NAKURU THIS 27TH APRIL, 2023. H M NYAGAJUDGEIn the presence of:C/A JenifferMs Murunga for stateApplicant (At Rumuruti)