[2023] KEHC 2560 (KLR)
The court found that the applicant was not deserving of a non-custodial sentence due to the negative recommendation from the probation officer, which was based on the applicant's previous criminal behaviour, opposition from the community and local administration, and the risk of harm to the applicant if released....
Source-derived case information.
- Citation
- [2023] KEHC 2560 (KLR)
- Parties
- Applicant: Clinton Omondi Onyango; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Judgment Date
- 28 March 2023
- Case Number
- Revision Case 131 of 2022
- Procedural Posture
- Criminal Revision / Ruling on Sentence Review
- Outcome
- Application for sentence revision dismissed; applicant to serve remainder of custodial sentence.
- Judges
- HM Nyaga
- Legal Topics
- Burglary, Sentencing Review, Non Custodial Sentence, Probation Report
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Clinton Omondi Onyango
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Review
Legal Issues
- 1 Whether the applicant is eligible for a non-custodial sentence under the Community Service Order Act.
- 2 Whether the negative probation report and community opposition justify denial of sentence revision.
Ratio Decidendi
The court found that the applicant was not deserving of a non-custodial sentence due to the negative recommendation from the probation officer, which was based on the applicant's previous criminal behaviour, opposition from the community and local administration, and the risk of harm to the applicant if released. The court held that these factors outweighed any justification for revising the custodial sentence, and therefore ordered that the applicant serve the remainder of his sentence in prison.
Court Disposition
Application for sentence revision dismissed; applicant to serve remainder of custodial sentence.
Orders
- The applicant shall complete the remainder of his sentence in prison.
- File closed.
Full Case Text
Judgment text and source record
19 paragraphs
Onyango v Republic (Revision Case 131 of 2022) [2023] KEHC 2560 (KLR) (28 March 2023) (Ruling)
Neutral citation: [2023] KEHC 2560 (KLR)
Republic of Kenya
In the High Court at Nakuru
Revision Case 131 of 2022
HM Nyaga, J
March 28, 2023
Between
Clinton Omondi Onyango
Applicant
and
Republic
Respondent
Ruling
1. The Applicant, Clinton Omondi Onyango was convicted on his own plea of guilty for the offence of Burglary contrary to Section 304(2) and Stealing Contrary to Section 279(b) of the Penal Code and sentenced to serve three (3) years imprisonment on April 5,2022. The total value of the stolen property being 32-inch Television, two plastic chairs, Plastic table, one woofer, two curtains and Plastic Carpet is Kshs. 29,900/=.
2. The Sentence Review Report filed on January 31, 2023, is not in favour of the Applicant being released on a non-custodial sentence for reasons that his community and the Local administration is opposed to the same due to Applicant’s previous criminal behaviour and a possibility of rejoining his other siblings to continue with the criminal acts in the area. Further, the information from Nyumba Kumi is that the Applicant if released now might be at risk of being harmed.
3. In view of the negative recommendation by the Probation Officer for non-custodial sentence, this court finds that the Applicant is not deserving of an order under the Community Service Order Act or any other non-custodial sentence. He should therefore complete the remainder of his sentence in prison.
4. File Closed.
DATED, SIGNED & DELIVERED AT NAKURU THIS 28TH MARCH, 2023. H.M. NYAGAJUDGEIn the presence of:C/A JenifferMs Murunga for stateApplicant absent