[2023] KEHC 27471 (KLR)
The court found that the sentence review report prepared by the Probation Officer was unfavourable to the applicant. In the absence of a favourable report, the court declined to substitute the custodial sentence with a Community Service Order. The applicant was therefore ordered to continue serving his sentence in...
Source-derived case information.
- Citation
- [2023] KEHC 27471 (KLR)
- Parties
- Applicant: Dickson Oselu Oselu; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E058 of 2023
- Procedural Posture
- Criminal Revision / Ruling on Sentence Review
- Outcome
- Application for sentence review dismissed. Applicant to continue serving custodial sentence.
- Judges
- MS Shariff
- Legal Topics
- Sentence Review, Community Service Order, Breaking Into Building, Felony Conviction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dickson Oselu Oselu
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Review
Legal Issues
- 1 Whether the applicant is eligible for a review of sentence under the Community Service Order provisions.
- 2 Whether the sentence review report supports the applicant's release from custody.
Ratio Decidendi
The court found that the sentence review report prepared by the Probation Officer was unfavourable to the applicant. In the absence of a favourable report, the court declined to substitute the custodial sentence with a Community Service Order. The applicant was therefore ordered to continue serving his sentence in custody, as the statutory and factual prerequisites for sentence review and substitution were not met.
Court Disposition
Application for sentence review dismissed. Applicant to continue serving custodial sentence.
Orders
- The applicant shall continue serving his sentence in custody.
- File closed.
Full Case Text
Judgment text and source record
18 paragraphs
Oselu v Republic (Criminal Revision E058 of 2023) [2023] KEHC 27471 (KLR) (19 October 2023) (Ruling)
Neutral citation: [2023] KEHC 27471 (KLR)
Republic of Kenya
In the High Court at Kisumu
Criminal Revision E058 of 2023
MS Shariff, J
October 19, 2023
Between
Dickson Oselu Oselu
Applicant
and
Republic
Respondent
Ruling
1. The Applicant Dickson Oselu Oselu was charged and convicted of the offence of breaking into a building and committing a felony contrary to Section 306 (a) of the Penal Code in Tamu SPM’s Cr. Case No. E318 of 2022. He was sentenced on 20th April, 2023 to imprisonment for a period of 1 year. He now applies for review of his sentence under the provisions of the Community Service Order.
2. I have perused the sentence review report dated 17th August, 2023 by Probation Officer, Tamu and I find that the same is unfavourable to the Applicant. I thus order that the Applicant continues serving his sentence in custody.
4. File closed.
DELIVERED, SIGNED AND DATED AT KISUMU THIS 19THDAY OF OCTOBER, 2023. MWANAISHA S. SHARIFFJUDGE