[2022] KEHC 16774 (KLR)
The court found that the sentence of 5 years imprisonment imposed on the applicant for burglary and stealing was subject to revision, particularly as no presentence report was considered and the applicant had already served 2 years. The court exercised its revisionary powers to substitute the remaining custodial...
Source-derived case information.
- Citation
- [2022] KEHC 16774 (KLR)
- Parties
- Applicant: Daddy Camulus Otieno; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E117 of 2022
- Procedural Posture
- Criminal Revision / Ruling on Sentence Revision
- Outcome
- sentence revised; applicant to serve probation
- Judges
- RE Aburili
- Legal Topics
- Sentence Revision, Burglary, Stealing, Probation Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Daddy Camulus Otieno
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Revision
Legal Issues
- 1 Whether the sentence imposed on the applicant for burglary and stealing should be revised.
- 2 Whether the absence of a presentence report affected the appropriateness of the sentence.
Ratio Decidendi
The court found that the sentence of 5 years imprisonment imposed on the applicant for burglary and stealing was subject to revision, particularly as no presentence report was considered and the applicant had already served 2 years. The court exercised its revisionary powers to substitute the remaining custodial sentence with a probation order of 2 years and six months, holding that this would serve the interests of justice and rehabilitation.
Court Disposition
sentence revised; applicant to serve probation
Orders
- The sentence imposed on Daddy Camulus Otieno is revised.
- Unless otherwise lawfully held, the applicant shall be released from prison to serve on probation for 2 years and six months from the date of release.
Full Case Text
Judgment text and source record
21 paragraphs
Otieno v Republic (Criminal Revision E117 of 2022) [2022] KEHC 16774 (KLR) (21 December 2022) (Ruling)
Neutral citation: [2022] KEHC 16774 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Revision E117 of 2022
RE Aburili, J
December 21, 2022
Between
Daddy Camulus Otieno
Applicant
and
Republic
Respondent
(Being an Application for sentence revision in Bondo PM’s Criminal Case No. 220 of 2020 delivered by Hon. S.W. Mathenge, Senior Resident Magistrate on 7. 8.2020)
Ruling
1. The convict Daddy Camulus Otieno was convicted and sentenced to serve 5 years imprisonment for the offence of burglary and stealing. There is no indication whether he has appealed from August 7, 2020. He has served 2 years imprisonment.
2. I have considered the offence and the mitigation by the convict.
3. No presentence report was considered.
4. I revise the sentence imposed and order that unless otherwise lawfully held, the convict Daddy Camulus Otieno shall be released from prison to serve on probation for 2 years and six months from the date of his release.
5. File closed. I so order.
DATED, SIGNED AND DELIVERED AT SIAYA, THIS 21STDAY OF DECEMBER, 2022R.E. ABURILIJUDGE