[2023] KEHC 3310 (KLR)
The court found that the applicant, having been convicted of stealing and being a habitual offender who shows no remorse, is not suitable for a non-custodial sentence. The Presentence and Sentence Review Reports both recommended against a non-custodial sentence. The trial court's discretion in imposing a custodial...
Source-derived case information.
- Citation
- [2023] KEHC 3310 (KLR)
- Parties
- Applicant: Sammy Onyango Ongudi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E182 of 2022
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Sentencing Review, Stealing Offence, Penal Code Section 275
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Sammy Onyango Ongudi
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant is suitable for a non-custodial sentence upon conviction for stealing.
- 2 Whether the sentence imposed by the trial court should be revised.
Ratio Decidendi
The court found that the applicant, having been convicted of stealing and being a habitual offender who shows no remorse, is not suitable for a non-custodial sentence. The Presentence and Sentence Review Reports both recommended against a non-custodial sentence. The trial court's discretion in imposing a custodial sentence was properly exercised. Therefore, there was no basis to interfere with or revise the sentence, and the application for sentence review was dismissed. The applicant is to serve the full prison sentence imposed by the trial court for purposes of rehabilitation.
Court Disposition
application dismissed
Orders
- The application for sentence review is dismissed.
- The convict Sammy Onyango Ongudi shall serve the full prison sentence imposed by the trial court.
Full Case Text
Judgment text and source record
21 paragraphs
Ongudi v Republic (Criminal Revision E182 of 2022) [2023] KEHC 3310 (KLR) (14 April 2023) (Ruling)
Neutral citation: [2023] KEHC 3310 (KLR)
Republic of Kenya
In the High Court at Kisumu
Criminal Revision E182 of 2022
RE Aburili, J
April 14, 2023
Between
Sammy Onyango Ongudi
Applicant
and
Republic
Respondent
Ruling
1. The Convict Sammy Onyango Ongudi was sentenced to serve eighteen (18) months imprisonment on September 30, 2022 vide Winam Senior Principal Magistrate’s Court Criminal Case No E416 of 2022 for the offence of stealing contrary to Section 268 as read with Section 275 of the Penal Code following a plea of guilty.
2. The sentence was imposed after a Presentence Report dated September 30, 2022 filed by Erick Marindi, Probation Officer at Winam showed that he was not suitable for non-custodial sentence as he is a habitual thief and talks back at his mother, such that he cannot be corrected. He has previously been convicted of theft and that he pleaded guilty expecting to be given non-custodial sentence.
3. I have perused the Sentence Review Report filed in this court on February 9, 2023. The Convict is 27 years old. He shows no remorse for his antisocial behaviour. He is not recommended for non-custodial sentence.
4. In the premises, I hereby dismiss the application for Sentence Review and order that the Convict Sammy Onyango Ongudi serves the full prison sentence imposed on him by the trial court to be rehabilitated in prison.
5. File closed.
6. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 14TH DAY OF APRIL, 2023R E ABURILIJUDGE