[2022] KEHC 11035 (KLR)
The court declined to revise the sentence because the applicant was a repeat offender with a history of non-compliance with probation conditions. The probation officer's report did not recommend a non-custodial sentence due to the applicant's past criminal activities and failure to report to the probation office...
Source-derived case information.
- Citation
- [2022] KEHC 11035 (KLR)
- Parties
- Applicant: Godfrey Oteba; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Busia
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E084 of 2022
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Application for revision of sentence declined.
- Judges
- JN Kamau
- Legal Topics
- Burglary, Stealing, Sentencing, Probation, Recidivism
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Godfrey Oteba
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the sentence imposed on the applicant for burglary and stealing should be revised.
- 2 Whether the applicant qualifies for a non-custodial sentence given his criminal history.
Ratio Decidendi
The court declined to revise the sentence because the applicant was a repeat offender with a history of non-compliance with probation conditions. The probation officer's report did not recommend a non-custodial sentence due to the applicant's past criminal activities and failure to report to the probation office after a previous release. The court found no error, illegality, or impropriety in the original sentence and determined that the interests of justice required the applicant to serve the remainder of his custodial sentence.
Court Disposition
Application for revision of sentence declined.
Orders
- The applicant shall serve the remainder of the sentence in custody.
Full Case Text
Judgment text and source record
17 paragraphs
Oteba v Republic (Criminal Revision E084 of 2022) [2022] KEHC 11035 (KLR) (2 August 2022) (Ruling)
Neutral citation: [2022] KEHC 11035 (KLR)
Republic of Kenya
In the High Court at Busia
Criminal Revision E084 of 2022
JN Kamau, J
August 2, 2022
ORIGINALLY CR CASE NO E418 OF 2022
Between
Godfrey Oteba
Applicant
and
Republic
Respondent
Ruling
1. The Applicant was charged with the offence of burglary contrary to Section 304 (2) and Stealing contrary to Section 279 (b) of the Penal Code Cap 63 (Laws of Kenya). He was sentenced to three (3) years after the court noted that he was a gang member who was engaged in crime. The Report by Celestine Orao Probation Officer dated 31/5/2022 dos not recommend his release on a non-custodial sentence due to his past criminal activities. He had even been released on probation during the prison decongestion exercise in April 2020 but he never reported to the Probation Office as was directed. Accordingly, I hereby decline to review the sentence and direct that the Applicant serves the remainder of the sentence in custody. Orders accordingly.
DATED AND DELIVERED AT BUSIA ON THIS 2ND DAY OF AUGUST 2022. J. KAMAUJUDGE