[2024] KEHC 4392 (KLR)
The court found no sufficient basis in the Probation Officer's Report or the record to interfere with the conviction or sentence imposed by the trial court. The applicant is to complete the sentence as ordered, and the file is ordered closed. The court exercised its revisionary jurisdiction and determined that the...
Source-derived case information.
- Citation
- [2024] KEHC 4392 (KLR)
- Parties
- Applicant: Apollo Onyango Opiyo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E030 of 2024
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Application for revision dismissed. Offender to complete sentence. File closed.
- Judges
- DO Ogembo
- Legal Topics
- Criminal Revision, Sentencing, Probation Reports
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Apollo Onyango Opiyo
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant's conviction and sentence should be revised based on the Probation Officer's Report.
Ratio Decidendi
The court found no sufficient basis in the Probation Officer's Report or the record to interfere with the conviction or sentence imposed by the trial court. The applicant is to complete the sentence as ordered, and the file is ordered closed. The court exercised its revisionary jurisdiction and determined that the sentence and conviction were proper and did not warrant interference.
Court Disposition
Application for revision dismissed. Offender to complete sentence. File closed.
Orders
- The offender shall complete his sentence as ordered by the trial court.
- The file is ordered closed.
Full Case Text
Judgment text and source record
18 paragraphs
Opiyo v Republic (Criminal Revision E030 of 2024) [2024] KEHC 4392 (KLR) (16 April 2024) (Ruling)
Neutral citation: [2024] KEHC 4392 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Revision E030 of 2024
DO Ogembo, J
April 16, 2024
Between
Apollo Onyango Opiyo
Applicant
and
Republic
Respondent
(Being an Application for Revision from Conviction and Sentence of Hon. L. Simiyu (SPM), dated 26/9/2023 in the CM’s Court at Siaya, Criminal Case No. 305 of 2023)
Ruling
1. I have considered the Probation Officer’s Report filed herein. The Offender to complete his sentence.
2. File ordered closed.
DATED, SIGNED AND DELIVERED 16TH DAY OF 2024D.O. OGEMBOJUDGE16/4/2024