[2023] KEHC 27469 (KLR)
The court found that the probation officer's sentence review report was unfavourable to the applicant, indicating that he was not suitable for a community service order at this time. Consequently, the court declined to revise the custodial sentence and ordered that the applicant continue serving his sentence in...
Source-derived case information.
- Citation
- [2023] KEHC 27469 (KLR)
- Parties
- Applicant: Kevin Asum Onyango; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E043 of 2023
- Procedural Posture
- Criminal Revision / Ruling on Sentence Review Application
- Outcome
- Application for sentence review dismissed; applicant to continue serving custodial sentence.
- Judges
- MS Shariff
- Legal Topics
- Sentence Review, Community Service Order, Assault Causing Actual Bodily Harm
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kevin Asum Onyango
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Review Application
Legal Issues
- 1 Whether the applicant's sentence should be revised and substituted with a community service order.
- 2 Whether the probation officer's report supports the applicant's request for sentence review.
Ratio Decidendi
The court found that the probation officer's sentence review report was unfavourable to the applicant, indicating that he was not suitable for a community service order at this time. Consequently, the court declined to revise the custodial sentence and ordered that the applicant continue serving his sentence in custody. The applicant was, however, granted liberty to reapply for sentence review after some time, should circumstances change.
Court Disposition
Application for sentence review dismissed; applicant to continue serving custodial sentence.
Orders
- The applicant shall continue serving his sentence in custody.
- The applicant is at liberty to apply for sentence review after some time.
Full Case Text
Judgment text and source record
19 paragraphs
Onyango v Republic (Criminal Revision E043 of 2023) [2023] KEHC 27469 (KLR) (18 October 2023) (Ruling)
Neutral citation: [2023] KEHC 27469 (KLR)
Republic of Kenya
In the High Court at Kisumu
Criminal Revision E043 of 2023
MS Shariff, J
October 18, 2023
Between
Kevin Asum Onyango
Applicant
and
Republic
Respondent
Ruling
1. The Applicant Kevin Asum Onyango was charged and convicted of the offence of assault causing actual bodily harm contrary to Section 251 of the Penal Code in Tamu SPM’s Cr. Case No. E104 of 2020. He was sentenced on 19th July, 2021 to imprisonment for a period of 4 years. He now applies for review of his sentence under the provisions of the Community Service Order.
2. I have perused the sentence review report by Probation Officer, Muhoroni and I find that the same is unfavourable to the Applicant. I thus order that the Applicant continues serving his sentence in custody.
3. The Applicant is at liberty to apply after some time.
4. File closed.
DELIVERED, SIGNED AND DATED AT KISUMU THIS 18TH DAY OF OCTOBER, 2023. MWANAISHA S. SHARIFFJUDGE