[2022] KEHC 16703 (KLR)
The court found that although the applicant had served half of his custodial sentence for assault causing actual bodily harm, the presentence report indicated he was not suitable for a non-custodial sentence due to his violent conduct, threats to the victim (his father), and general lack of responsibility. However,...
Source-derived case information.
- Citation
- [2022] KEHC 16703 (KLR)
- Parties
- Applicant: Vincent Tabu Onyango; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E095 of 2022
- Procedural Posture
- Criminal Revision / Ruling on Application for Sentence Revision
- Outcome
- sentence revised; applicant released on conditions
- Judges
- RE Aburili
- Legal Topics
- Sentence Revision, Assault Causing Actual Bodily Harm, Non Custodial Sentencing, Conditional Release
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Vincent Tabu Onyango
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Sentence Revision
Legal Issues
- 1 Whether the sentence imposed on the applicant for assault causing actual bodily harm should be revised.
- 2 Whether the applicant is suitable for a non-custodial sentence given his conduct and threat to the victim.
Ratio Decidendi
The court found that although the applicant had served half of his custodial sentence for assault causing actual bodily harm, the presentence report indicated he was not suitable for a non-custodial sentence due to his violent conduct, threats to the victim (his father), and general lack of responsibility. However, considering the period already served and the need for rehabilitation, the court revised the sentence to conditional release: the applicant was to be released from prison on condition that he does not commit any offence for the next year and reports to the OCS at Sihay Police Station for three months. This balanced the interests of justice, public safety, and the applicant's...
Court Disposition
sentence revised; applicant released on conditions
Orders
- The applicant Vincent Tabu Onyango shall be released from prison conditional upon him not committing any offence for the next one year.
- The applicant shall report to the OCS at Sihay Police Station for the next three months from the date of release.
Full Case Text
Judgment text and source record
20 paragraphs
Onyango v Republic (Criminal Revision E095 of 2022) [2022] KEHC 16703 (KLR) (20 December 2022) (Ruling)
Neutral citation: [2022] KEHC 16703 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Revision E095 of 2022
RE Aburili, J
December 20, 2022
Between
Vincent Tabu Onyango
Applicant
and
Republic
Respondent
(Being an Application for sentence revision in Ukwala PM Criminal Case No. E037 of 2022 delivered by Hon C.I. Agutu, SRM on 15/9/2022)
Ruling
1. On September 15, 2022 the convict herein Vincent Tabu Onyango was sentenced to serve six months imprisonment for the offence of assault causing actual bodily harm. The presentence report revealed that the convict was not suitable for non-custodial sentence because he was threatening to kill the victim of the offence. The complainant is his father and that he is abusive towards his parents from whom he demands a share of his land. He is 27 years old. He is described as lazy and a truant although he is trained in masonry. That he abuses drugs and is very violent towards his parents. His surviving siblings are shown to be very responsible people in society and they include a university student, a carpenter and a doctor. He is unmarried.
2. He has already served three months of the six months imprisonment. I revise his sentence and order that the convict Vincent Tabu Onyango shall be released from prison conditional upon him not committing any offence for the next one year and to be reporting to the OCS at Sihay Police Station for the next three months from the date of release from prison.
3. File closed.
4. I so order.
DATED, SIGNED AND DELIVERED AT SIAYA, THIS 20TH DAY OF DECEMBER, 2022. RE ABURILIJUDGE