[2022] KEHC 16772 (KLR)
The court declined to revise the sentence because the applicant had denied the offence, absconded bail, was sentenced in absentia, and there was no evidence of remorse or reform. The court found no justification to interfere with the sentence imposed by the trial court, holding that the applicant was not suitable...
Source-derived case information.
- Citation
- [2022] KEHC 16772 (KLR)
- Parties
- Applicant: Samson Ochieng Orawo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E124 of 2022
- Procedural Posture
- Criminal Revision / Ruling on Application for Sentence Revision
- Outcome
- Application for sentence revision dismissed. Sentence of 3 years imprisonment upheld.
- Judges
- RE Aburili
- Legal Topics
- Sentence Revision, Obtaining Money by False Pretences, Bail Jumping
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samson Ochieng Orawo
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Sentence Revision
Legal Issues
- 1 Whether the sentence imposed on the applicant for obtaining money by false pretences should be revised.
- 2 Whether the applicant is suitable for a non-custodial sentence.
Ratio Decidendi
The court declined to revise the sentence because the applicant had denied the offence, absconded bail, was sentenced in absentia, and there was no evidence of remorse or reform. The court found no justification to interfere with the sentence imposed by the trial court, holding that the applicant was not suitable for a non-custodial sentence under the circumstances.
Court Disposition
Application for sentence revision dismissed. Sentence of 3 years imprisonment upheld.
Orders
- Application for sentence revision is declined.
- File closed.
Full Case Text
Judgment text and source record
20 paragraphs
Orawo v Republic (Criminal Revision E124 of 2022) [2022] KEHC 16772 (KLR) (21 December 2022) (Ruling)
Neutral citation: [2022] KEHC 16772 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Revision E124 of 2022
RE Aburili, J
December 21, 2022
Between
Samson Ochieng Orawo
Applicant
and
Republic
Respondent
(An Application for sentence revision in Bondo PM’s Criminal Case No 164 of 2020 delivered by Hon S W Mathenge, Senior Resident Magistrate on June 2, 2022)
Ruling
1. The convict was sentenced to serve 3 years imprisonment for the offence of obtaining money by false pretences.
2. This was after a full hearing as he denied committing the offence. He then jumped bail and was sentenced in absentia before being rearrested. He is not suitable for non-custodial sentence.
3. I decline to revise the sentence imposed as there is no evidence of reform or remorse.
4. File closed. I so order.
DATED, SIGNED AND DELIVERED AT SIAYA, THIS 21ST DAY OF DECEMBER, 2022R E ABURILIJUDGE