[2024] KEHC 1950 (KLR)
The court found that, despite the serious nature of arson and the statutory maximum of life imprisonment, the applicant's circumstances warranted a review of sentence. The applicant was a first offender, young, remorseful, and the offence stemmed from a land dispute. The pre-sentence report was favourable, and the...
Source-derived case information.
- Citation
- [2024] KEHC 1950 (KLR)
- Parties
- Applicant: Dennis Orenge; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E011 of 2023
- Procedural Posture
- Criminal Revision / Ruling on Application for Sentence Review
- Outcome
- sentence reviewed and substituted with probation order
- Judges
- TA Odera
- Legal Topics
- Arson, Sentencing Review, Probation Orders, First Offender, Prison Decongestion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dennis Orenge
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Sentence Review
Legal Issues
- 1 Whether the sentence of three years imprisonment for arson should be reviewed in light of the circumstances of the offender and the offence.
- 2 Whether the applicant qualifies for a non-custodial sentence given the nature of the offence and the recommendations of the pre-sentence report.
Ratio Decidendi
The court found that, despite the serious nature of arson and the statutory maximum of life imprisonment, the applicant's circumstances warranted a review of sentence. The applicant was a first offender, young, remorseful, and the offence stemmed from a land dispute. The pre-sentence report was favourable, and the community was willing to accept him back. The court also considered the need to decongest prisons and the relatively low value of the property destroyed. Balancing these factors, the court exercised its discretion to substitute the custodial sentence with a probation order for the remainder of the sentence.
Court Disposition
sentence reviewed and substituted with probation order
Orders
- The applicant shall serve the remainder of his sentence on probation.
Full Case Text
Judgment text and source record
19 paragraphs
Orenge v Republic (Criminal Revision E011 of 2023) [2024] KEHC 1950 (KLR) (28 February 2024) (Ruling)
Neutral citation: [2024] KEHC 1950 (KLR)
Republic of Kenya
In the High Court at Kisii
Criminal Revision E011 of 2023
TA Odera, J
February 28, 2024
Between
Dennis Orenge
Applicant
and
Republic
Respondent
(From original conviction and sentence in Criminal Case No.487 of 2020 of the Snr. Principal Magistrate court at Ogembo)
Ruling
1. The Applicant Dennis Orenge was charged in Ogembo CR case no 487 of 2020 with arson contrary to section 332 (b)of the Penal Code he is alleged to have set on fire assorted household goods including 2 blankets.2 Mattresses and mosquito net all valued at Kshs. 25,000/=. The case was heard and determined and the convict was sentenced to served 3 years imprisonment on 6. 4.23. this matter was brought before me for review of sentence under section of the criminal procedure code in the spirit of routine decongestion of prisons.
2. Prosecution is opposed to review of the sentence on the ground that the punishment for arson is life imprisonment yet the convict was sentenced to only 3 years imprisonment.
3. This called for pre-sentence review report and the undated report was filed on 2. 11. 23. The report is favourable to him and indicates that the gist of the offence was a land dispute between him and complainant. The convict is a young man aged 33 and is said to be willing to serve a non -custodial sentence and the community is willing to give him a second chance. Though prosecution objected to sentence review citing nature of the offence and the sentence provided for in law, I have considered the nature of the offence, the congestion in the Kenyan prisons, the value of the subject matter, the fact that the convict is a first offender, he is remorseful and has indicated his willingness to serve a non -custodial sentence and the community is willing to accept him back. I proceed to review the sentence and order that the convict serves the remainder of the sentence on probation.
DATED, AND SIGNED AT KISII THIS 28TH DAY OF FEBRUARY 2024. T.A. ODERAJUDGE28. 2.24Delivered virtually via team’s platform in the presence of: -Koima for the StateCourt Assistant –Alex Oigo