[2022] KEHC 16778 (KLR)
The court declined to revise the applicant's sentence because it lacked information on the outcome of the burglary case, which was the basis for recalling the community service order and imposing the custodial sentence. Without full particulars of the subsequent offence, the court found it unsafe to interfere with...
Source-derived case information.
- Citation
- [2022] KEHC 16778 (KLR)
- Parties
- Applicant: Collins Ong’ono; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E099 of 2022
- Procedural Posture
- Criminal Revision / Ruling on Application for Sentence Revision
- Outcome
- Application for sentence revision deferred.
- Judges
- RE Aburili
- Legal Topics
- Sentence Revision, Breach of Community Service Order, Reoffending, Imprisonment, Burglary, Injuring an Animal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Collins Ong’ono
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Sentence Revision
Legal Issues
- 1 Whether the applicant's sentence of imprisonment should be revised in light of his breach of community service order and subsequent reoffending.
- 2 Whether the absence of information regarding the outcome of the burglary case affects the court's ability to review the sentence.
Ratio Decidendi
The court declined to revise the applicant's sentence because it lacked information on the outcome of the burglary case, which was the basis for recalling the community service order and imposing the custodial sentence. Without full particulars of the subsequent offence, the court found it unsafe to interfere with the sentence. The applicant was advised to provide the necessary information for reconsideration during the next prison decongestion exercise.
Court Disposition
Application for sentence revision deferred.
Orders
- Review of the prison term is deferred pending provision of full particulars of the burglary case.
- The convict may apply and furnish the court with full particulars of the burglary case for reconsideration.
Full Case Text
Judgment text and source record
20 paragraphs
Ong’ono v Republic (Criminal Revision E099 of 2022) [2022] KEHC 16778 (KLR) (20 December 2022) (Ruling)
Neutral citation: [2022] KEHC 16778 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Revision E099 of 2022
RE Aburili, J
December 20, 2022
Between
Collins Ong’ono
Applicant
and
Republic
Respondent
(Being an Application for sentence revision in Ukwala PM’s Criminal Case No. 5 of 2020 delivered by Hon. L.N. Sarapai, Principal Magistrate on 10. 12. 2021)
Ruling
1. Collins Ong’ono was convicted and placed on community service order for the offence of injuring an animal. While he was on CSO, he breached the terms by reoffending. He committed a burglary. The CSO was recalled and he was sentenced to serve 3 years imprisonment on December 10, 2021. He has served one year of the 3 years prison term.
2. As this court has not been informed of what became of the burglary case, it is unsafe to review the prison term. I defer the review.
3. The convict may apply and furnish this court full particulars of the burglary case. The court will reconsider the matter in the new term’s prison decongestion exercise.
4. This file closed.
DATED, SIGNED AND DELIVERED AT SIAYA, THIS 20TH DAY OF DECEMBER, 2022. R.E. ABURILIJUDGE