[2022] KEHC 16748 (KLR)

[2022] KEHC 16748 (KLR)

The court found that the applicant had already served nearly half of the custodial sentence for malicious damage to property and, considering the circumstances, determined that the remainder of the sentence should be suspended for one year on condition that the applicant does not re-offend. The court exercised its...

Source-derived case information.

Citation
[2022] KEHC 16748 (KLR)
Parties
Applicant: Allan Odhiambo Ooko; Respondent: Republic
Court
High Court
Court Station
High Court at Siaya
Jurisdiction
Kenya
Case Number
Criminal Revision E105 of 2022
Procedural Posture
Criminal Revision / Ruling on Application for Sentence Revision
Outcome
Sentence revised; applicant to be released and remainder of sentence suspended for one year with reporting conditions.
Judges
RE Aburili
Legal Topics
Malicious Damage to Property, Sentence Revision, Suspended Sentence
Source Language
en
Criminal Law Malicious Damage to Property Sentence Revision Suspended Sentence

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Allan Odhiambo Ooko

Applicant

Republic

Respondent

Procedural Posture

Criminal Revision / Ruling on Application for Sentence Revision

Legal Issues

  1. 1 Whether the sentence imposed on the applicant for malicious damage to property should be revised.
  2. 2 Whether the applicant is entitled to a suspended sentence for the remainder of the term.

Ratio Decidendi

The court found that the applicant had already served nearly half of the custodial sentence for malicious damage to property and, considering the circumstances, determined that the remainder of the sentence should be suspended for one year on condition that the applicant does not re-offend. The court exercised its revisionary jurisdiction to substitute the custodial sentence with a suspended sentence, subject to the applicant reporting to the Officer in charge, Manyuanda Police Post every Friday for four weeks.

Court Disposition

Sentence revised; applicant to be released and remainder of sentence suspended for one year with reporting conditions.

Orders

  • The applicant Allan Odhiambo Ooko shall be released from prison and serve the remainder of his sentence as a suspended sentence for one year on condition not to re-offend.
  • The applicant shall report to the Officer in charge, Manyuanda Police Post every Friday for four weeks.