[2024] KEHC 15098 (KLR)
The court declined to revise the sentence after considering the probation report, which indicated that the applicant had not reformed. The court found no error, illegality, or impropriety in the sentence imposed by the lower court and determined that the applicant should continue to serve the sentence as ordered.
Source-derived case information.
- Citation
- [2024] KEHC 15098 (KLR)
- Parties
- Applicant: Julius Otera; Respondent: Director of Public Prosecution
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E357 of 2024
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Application for revision declined; applicant to continue serving sentence imposed by the lower court.
- Judges
- S Mbungi
- Legal Topics
- Stealing Offence, Handling Stolen Property, Sentencing Revision
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Julius Otera
Applicant
Director of Public Prosecution
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant is entitled to revision of the sentence imposed for stealing and handling stolen property.
Ratio Decidendi
The court declined to revise the sentence after considering the probation report, which indicated that the applicant had not reformed. The court found no error, illegality, or impropriety in the sentence imposed by the lower court and determined that the applicant should continue to serve the sentence as ordered.
Court Disposition
Application for revision declined; applicant to continue serving sentence imposed by the lower court.
Orders
- The application for revision is declined.
- The applicant shall continue to serve the sentence imposed by the lower court.
Full Case Text
Judgment text and source record
18 paragraphs
Otera v Director of Public Prosecution (Criminal Revision E357 of 2024) [2024] KEHC 15098 (KLR) (26 November 2024) (Ruling)
Neutral citation: [2024] KEHC 15098 (KLR)
Republic of Kenya
In the High Court at Kakamega
Criminal Revision E357 of 2024
S Mbungi, J
November 26, 2024
Between
Julius Otera
Applicant
and
Director of Public Prosecution
Respondent
Ruling
1. The applicant herein was sentenced to serve two years’ imprisonment for the offence of stealing contrary to section 268 as read with section 275 of the penal code and handling stolen property contrary to section 322(1) (2) of the penal code.
2. I have looked at the probation report. The offender is said not to have reformed.
3. I do decline the application for revision. He shall continue to serve the sentence imposed by the lower court.
DATED, SIGNED AND DELIVERED IN OPEN COURT AT KAKAMEGA THIS 26TH DAY OF NOVEMBER, 2024. S.N MBUNGIJUDGEIn the presence of :Accused – presentCourt Prosecutor – MbonzoCourt Assistant – Elizabeth Angong’a