[2023] KEHC 19820 (KLR)
The court determined that before considering any review of the applicant's sentence for the offence of stealing stock, it is essential to have a sentence review report prepared by the probation officer. This report will provide the court with relevant information regarding the applicant's circumstances and...
Source-derived case information.
- Citation
- [2023] KEHC 19820 (KLR)
- Parties
- Applicant: Evans Arumba Ongaki; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nyamira
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E044 of 2023
- Procedural Posture
- Criminal Revision / Ruling on Request for Sentence Review Report
- Outcome
- Sentence review deferred pending receipt of probation officer's report.
- Judges
- WA Okwany
- Legal Topics
- Stealing Stock, Sentencing Review, Probation Report
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Evans Arumba Ongaki
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Request for Sentence Review Report
Legal Issues
- 1 Whether the applicant is eligible for sentence review based on the circumstances of the conviction and sentence.
- 2 Whether a probation officer's report is necessary before the court can consider sentence review.
Ratio Decidendi
The court determined that before considering any review of the applicant's sentence for the offence of stealing stock, it is essential to have a sentence review report prepared by the probation officer. This report will provide the court with relevant information regarding the applicant's circumstances and suitability for a non-custodial sentence. The court therefore directed that the probation officer's report be prepared and filed within seven days to enable a fully informed decision on the sentence review application.
Court Disposition
Sentence review deferred pending receipt of probation officer's report.
Orders
- A sentence review report shall be prepared and filed in court for consideration within 7 days from the date of this ruling.
Full Case Text
Judgment text and source record
17 paragraphs
Ongaki v Republic (Criminal Revision E044 of 2023) [2023] KEHC 19820 (KLR) (29 June 2023) (Ruling)
Neutral citation: [2023] KEHC 19820 (KLR)
Republic of Kenya
In the High Court at Nyamira
Criminal Revision E044 of 2023
WA Okwany, J
June 29, 2023
Between
Evans Arumba Ongaki
Applicant
and
Republic
Respondent
(From the original Conviction and Sentence in the Magistrates’ Court at Keroka, Criminal Case No. E292 of 2021 by Hon. B.M. Kimutai, Principal Magistrate on 24th February 2022)
Ruling
1. The Applicant was convicted of the offence of stealing stock contrary to section 278 of the Penal Code. The trial court sentenced him to serve 1 year imprisonment. The letter by Kennedy Okemwa the County Probation Director dated June 22, 2023 indicates that the Applicant is yet to be interviewed by the Probation Officer. It is hereby directed that the Sentence Review Report be prepared and filed in Court for consideration within 7 days from the date of this Ruling.Orders accordingly.
DATED AND DELIVERED AT NYAMIRA ON THIS 29TH DAY OF JUNE 2023. W.A. OKWANYJUDGE