[2020] KEHC 7144 (KLR)
The court found that the applicant, having breached probation terms and demonstrated dangerous social antecedents, was not suitable for release into society. The applicant's involvement in criminal gangs, violent behavior, and negative influence on other youths justified the imposition and maintenance of a custodial...
Source-derived case information.
- Citation
- [2020] KEHC 7144 (KLR)
- Parties
- Applicant: Onyango Antony Onyango; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 40 of 2020
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Sentence
- Outcome
- application for revision of sentence declined; original sentence affirmed
- Judges
- RE Aburili
- Legal Topics
- Sentencing Revision, Probation Breach, Narcotics Possession, Rehabilitation, Youth Offenders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Onyango Antony Onyango
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Whether the applicant is suitable for revision of the one year imprisonment sentence imposed after breach of probation terms.
- 2 Whether the circumstances justify continued incarceration for rehabilitation and protection of society.
Ratio Decidendi
The court found that the applicant, having breached probation terms and demonstrated dangerous social antecedents, was not suitable for release into society. The applicant's involvement in criminal gangs, violent behavior, and negative influence on other youths justified the imposition and maintenance of a custodial sentence. The court held that a prison term would serve the dual purpose of rehabilitation and protection of the community, and that the original sentence was appropriate in the circumstances. Accordingly, the application for revision was declined, and the applicant was ordered to serve the full one year prison term without remission.
Court Disposition
application for revision of sentence declined; original sentence affirmed
Orders
- The applicant Onyango Antony Onyango shall serve the full prison term of one year without any remission.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
CRIMINAL REVISION NO. 40 OF 2020
(CORAM: R. E. ABURILI - J.)
ONYANGO ANTONY ONYANGO .....APPLICANT
VERSUS
REPUBLIC......................................... RESPONDENT
(Being an Application for revision of sentence in Senior Resident Magistrate’s Court, Ukwala vide Criminal Case No. 222 of 2019 dated 6. 2.2020 before Hon. C.N. Sindani, Senior Resident Magistrate)
RULING
1. The convict Onyango Antony Onyango is a 20 year old Form Four leaver at Simenya Secondary School. He was arrested while in school on being suspected by the Principal, of having in his possession cannabis sativa whose street value is about Kshs. 100/=.
2. He was arraigned before Ukwala SRM’s court where he pleaded guilty to the charge, he was convicted and after mitigation and consideration of a probation officer’s report, the trial court sentence him to serve probation for one year. This was on 4/7/2019.
3. Later on 6/2/2020, the convict was reported to have breached probation terms which enabled him sit for his KCSE in 2019. The Probation Officer urged the court to deal with the convict in any other way. The trial court, Hon. C.N. Sindani sentenced the convict to serve one year in prison. No appeal has been filed challenging the conviction and sentence.
4. I have perused the trial court record and the Probation Officer’s report dated 3/7/2019. I find that the convict was only suitable for probation for purposes of assisting him sit for his KCSE examinations in 2019 as he is reportedly a member of some criminal gang and cult recruiting hardcore criminals. He is violent and extremely disrespectful. He requires total rehabilitation and reformation. Prison term will assist him learn how to live with others and be corrected to be a law abiding citizen. He is a bad influence to other youths in the community. He must be kept out of the society at large for some time because despite the fact that he readily admitted the offence, his social antecedents are dangerous. While in prison he can enroll in life’s skills courses and he will not have access to narcotics and psychotropic substances that make him wild and potentially dangerous for the society.
5. In my humble view, the convict is not suitable to be considered for release into the society. I decline to revise the one year imprisonment sentence imposed on him and order that the convict Onyango Antony Onyango shall serve full prison term of one year without any remission to enable him be rehabilitated and reform before being released back into the community.
Dated, signed and delivered at Siaya, this 19th Day of March 2020.
R.E. ABURILI
JUDGE