[2022] KEHC 12803 (KLR)
The court found that the applicant, having breached the conditions of the initial community service order and committed a further offence while on CSO, was not suitable for a non-custodial sentence. The Probation Officer's report did not recommend a community service order. There was no basis to interfere with the...
Source-derived case information.
- Citation
- [2022] KEHC 12803 (KLR)
- Parties
- Applicant: Collins Ongono; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E015 of 2022
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Sentence
- Outcome
- Application for revision of sentence declined; original sentence of three years imprisonment upheld.
- Judges
- RE Aburili
- Legal Topics
- Sentencing Review, Breach of Community Service Order, Injuring an Animal, Penal Code Section 338
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Collins Ongono
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Whether the applicant is suitable for a community service order after breaching the initial CSO conditions.
- 2 Whether the sentence of three years imprisonment imposed by the trial court should be revised.
Ratio Decidendi
The court found that the applicant, having breached the conditions of the initial community service order and committed a further offence while on CSO, was not suitable for a non-custodial sentence. The Probation Officer's report did not recommend a community service order. There was no basis to interfere with the trial court's sentence. The application for revision was declined, and the three-year imprisonment sentence was upheld.
Court Disposition
Application for revision of sentence declined; original sentence of three years imprisonment upheld.
Orders
- Collins Ongono shall serve the full sentence of three years imprisonment as imposed by the trial court.
- File closed.
Full Case Text
Judgment text and source record
21 paragraphs
Ongono v Republic (Criminal Revision E015 of 2022) [2022] KEHC 12803 (KLR) (8 August 2022) (Ruling)
Neutral citation: [2022] KEHC 12803 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Revision E015 of 2022
RE Aburili, J
August 8, 2022
Between
Collins Ongono
Applicant
and
Republic
Respondent
(Being an Application seeking revision of sentence, arising from conviction and sentence in Ukwala PM’s Court Criminal Case No. 5 of 2020 by Hon. L. N. Sarapai, Principal Magistrate on 10/12/2021)
Ruling
1. The convict Collins Ongono was jointly charged with Lucas Ongono Odok with the offence of injuring an animal contrary to Section 338 of the Penal Code, the property of Michael Abungu Olalo valued at Kshs. 35,000/=. He denied the offence. He was convicted and sentenced to community service order for one year at Ugunja Probation Office but he breached the CSO conditions, hence he was recalled and a prison term of three years re-imposed on 10/12/2021.
2. I have considered the Sentence Review report filed on 2/8/2022 filed by Noel Vuluku, Probation Officer, Ugunja. She does not recommend Community Service Order having breached the earlier order leading to its revocation. The convict is therefore not suitable for community service, as he is said to have committed a burglary while on CSO. That being the case, the offender is not suitable for CSO.
3. I decline to review the sentence imposed and order that Collins Ong’ono shall serve the full sentence of 3 years imprisonment as imposed by the trial court.
4. File closed.
5. Orders accordingly.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 8TH DAY OF AUGUST, 2022R.E. ABURILIJUDGE