[2024] KEHC 15086 (KLR)
The court declined to revise the applicant's sentence after reviewing the lower court proceedings and the probation officer's report, which indicated the offender had not reformed. The judge emphasized the necessity to protect public interest from similar offences, finding no sufficient grounds to interfere with the...
Source-derived case information.
- Citation
- [2024] KEHC 15086 (KLR)
- Parties
- Applicant: Kelvin Ongeri; Respondent: Director of Public Prosecution
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E349 of 2024
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- application for revision declined
- Judges
- S Mbungi
- Legal Topics
- Stealing, Sentencing, Criminal Revision, Public Interest
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kelvin Ongeri
Applicant
Director of Public Prosecution
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant's sentence for stealing should be revised under criminal revision jurisdiction.
- 2 Whether the public interest outweighs the applicant's plea for revision.
Ratio Decidendi
The court declined to revise the applicant's sentence after reviewing the lower court proceedings and the probation officer's report, which indicated the offender had not reformed. The judge emphasized the necessity to protect public interest from similar offences, finding no sufficient grounds to interfere with the sentence imposed by the lower court. Accordingly, the applicant is to continue serving the original sentence.
Court Disposition
application for revision declined
Orders
- The application for revision is declined.
- The offender to continue serving the sentence.
Full Case Text
Judgment text and source record
19 paragraphs
Ongeri v Director of Public Prosecution (Criminal Revision E349 of 2024) [2024] KEHC 15086 (KLR) (26 November 2024) (Ruling)
Neutral citation: [2024] KEHC 15086 (KLR)
Republic of Kenya
In the High Court at Kakamega
Criminal Revision E349 of 2024
S Mbungi, J
November 26, 2024
Between
Kelvin Ongeri
Applicant
and
Director of Public Prosecution
Respondent
Ruling
1. The applicant herein was sentenced to serve three years in prison for the offence of stealing contrary to section 268 as read with section 275 of the penal code.
2. I have seen the lower court proceedings and the probation officer’s report which is unfavorable. It seems that the offender has not reformed.
3. I do decline the application for revision there is need to protect public interest from similar cases.
4. The offender to continue serving the sentence
DATED, SIGNED AND DELIVERED IN OPEN COURT AT KAKAMEGA THIS 26TH DAY OF NOVEMBER, 2024. S.N MBUNGIJUDGEIn the presence of :Accused – presentCourt Prosecutor – MbonzoCourt Assistant – Elizabeth Ang’onga